Karan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4734 of 2019 Arising Out of PS. Case No.-142 Year-2011 Thana- MANIGACHI District- Darbhanga ====================================================== KARAN YADAV Son of Late Mohan Yadav @ Ram Mohan Yadav Resident of Village - Jatuka, P.S.- Manigachi, Distt - Darbhanga. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Kedar Jha, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-02-2020 Heard learned counsel for the parties.

This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 05.09.2019 in A.B.P. No. 1440 of 2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Darbhanga in connection with Manigachi P.S. Case No. 142 of 2011 registered under Sections 341, 323, 504, 506, 384, 385/34 of the Indian Penal Code as well as Sections 3(1)(x) of the SC/ST Act.

Considering the nature of offences of the Indian Penal Code alleged against the appellant as well as a written compromise between the parties, a copy at Annexure-2, and also considering the fate of the trial, let the appellant, above named,

Patna High Court CR. APP (SJ) No.4734 of 2019(6) dt.18-02-2020 2/2 in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The appellant shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the appellant. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The appellant shall not leave the country without permission of the learned trial court.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T