Tuntun Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3374 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -SC/ST District- DARBHANGA ===========================================================
1. Tuntun Mandal, Son of Late Ramchandra Mandal @ Rajeshwar Mandal
2. Maula Mandal @ Bhola Mandal, Son of Laxmi Mandal.
3. Sanjeet Mandal, Son of Laxmi Mandal.
4. Laxmi Mandal, Son of Late Rajeshwar Mandal.
5. Kishun Kant Mandal @ Krishna Kant Mandal, Son of Tuntun Mandal, all are resident of Village- Dularpur, P.S. Sadar, District- Darbhanga. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Ranjan Kumar Srivastava, Adv For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 26-10-2018 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 08.08.2018 in A.B.P. No.807 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST Act, Darbhanga in connection with Darbhanga Sadar SC/ST P.S.Case No. 33 of 2018 registered under Sections 342,323,504, of the Indian Penal Code and Sections 3(i)(r) 3(1)(s) of the Scheduled Castes and Scheduled Tribes Act. The offences of the Indian Penal Code alleged against
Patna High Court CR. APP (SJ) No.3374 of 2018 dt.26-10-2018 2/2 the appellants are bailable. The complaint based allegation would reveal that due to dispute relating to non-payment of wages, occurrence allegedly took place.
Considering the facts of this case aforesaid, let the appellants, 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 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 Date31.10.2018 Transmission Date 31.10.2018