Deb Krishna Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3560 of 2018 Arising Out of PS. Case No.-66 Year-2017 Thana- BAHERA District- Darbhanga ====================================================== Deb Krishna Jha, Son of Ganesh Jha @ Dinesh Jha, R/o Village-Asi, P.S.- Ghanshyampur, District-Darbhanga ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ashok Kumar Mishra, Adv For the Respondent/s :

Mr. Sri Sadanand Paswan,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-12-2018 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 03.08.2018 in A.B.P. No.952 of 2018 arising out of Bahera P.S.Case No.66 of passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Darbhanga registered under Sections 341, 325, 504, 332, 353 of the Indian Penal Code as well as under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act. The appellant was teacher of the school, wherein the informant was Incharge Headmaster. For some occurrence of the previous day, the appellant

Patna High Court CR. APP (SJ) No.3560 of 2018 dt.07-12-2018 2/2 allegedly committed abuse and scuffle with the informant in his chamber. There is counter case also. Appellant has got no criminal antecedent.

Considering the background and nature of allegation, let the appellant, above named, in the event of his 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) 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 further the appellant 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 appellant.

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

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.12.2018 Transmission Date 10.12.2018