Amrendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3515 of 2018 Arising Out of PS. Case No.-29 Year-2017 Thana- SC/ST District- Sheohar ====================================================== Amrendra Kumar, S/o Ramagya Ray, Resident of Village- Harnahi, P.S.- Sheohar, District- Sheohar.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Prabhat Kumar, Advocate For the Respondent/s :
Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-12-2018 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 against the refusal of prayer for anticipatory bail vide order dated 03.07.2018 passed by the learned Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Sheohar, in A.B.P. No.241 of 2018, arising out of Sheohar SC/ST Police Station Case No.29 of 2017, registered under Sections 341/323/504/353/307 of the Indian Penal Code and Sections 3(i)(r)(s)(u)/3(2)(va) of the Scheduled Castes
Patna High Court CR. APP (SJ) No.3515 of 2018 dt.06-12-2018 2/3 and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The informant claims to be the In-charge Headmaster of the School, where the appellnt was Assistant Teacher. On refusal of prayer for leave to the appellant, there is allegation of commission of abuse by taking caste name and assault for the same.
Submission is that vide Annexure-2 higher officials have submitted report after inquiry that allegation is false. The appellant has got no criminal antecedent.
Considering the aforesaid fact, 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 bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with the
Patna High Court CR. APP (SJ) No.3515 of 2018 dt.06-12-2018 3/3 aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that 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 appeal stands allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.12.2018 Transmission Date 07.12.2018