Yamuna Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1320 of 2018 Arising Out of PS.Case No. -170 Year- 2018 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ===========================================================

1. Yamuna Yadav Son of Late Maldhani Yadav

2. Sony Yadav Son of Yamuan Yadav

3. Subhash Yadav Son of Yamuna Yadav

4. Triveni Yadav @ Ramesh Yadav, Son of Late Maldhani Yadav

5. Amarjeet Yadav @ Bhuar Yadav Son of Triveni Yadav All residents of Village : Bahera, P.S. Tilauthu, District Rohtas. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rajesh Kumar Singh, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-07-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 24.03.2018 by the learned Additional Sessions Judge-I, Rohtas at Sasaram in connection with Sasaram (Tilauthu) P.S.Case No. 170 of 2018 registered under Sections 147,148,149,323,324,304,379,504 of the Indian Penal Code as well as under Sections 3(i)(r(s) of the Scheduled Castes and Scheduled Tribes Act.

There is general and omnibus allegation against the appellant Nos.1, 3 and 5 of commission of abuse and assault as well as theft. The FIR would reveal that the occurrence allegedly

Patna High Court CR. APP (SJ) No.1320 of 2018 dt.03-07-2018 2/2 took place due to dispute relating to deposit of money amongst the female group.

Considering the background and nature of allegation, the appellant Nos.1,3 and 5 need not be sent to jail, hence, let the appellant Nos.1,3 and 5, above named, in the event of their arrest or surrender before the 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 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date04.07.2018 Transmission Date 04.07.2018