Kapildeo Singh @ Kapil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1194 of 2018 Arising Out of PS.Case No. -385 Year- 2017 Thana -GAYA KOTWALI District- GAYA ===========================================================

1. Kapildeo Singh @ Kapil Yadav, Son of Late Rambali Singh @ Late Rambali Prasad Yadav, Resident of Mohalla- Varish Nagar, Ramshila, Gaya, P.S.- Kotwali, District- Gaya. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Umesh Kumar, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 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 the learned Special Judge, SC/ST, Gaya in connection with Gaya Kotwali P.S.Case No. 385 of 2017 registered under Sections 504,506 of the Indian Penal Code as well as under Sections 4(i)(S) of the Scheduled Castes and Scheduled Tribes Act.

On mobile phone, someone abused the informant for the reason that mother of the informant was not refunding the money. Allegation is that mobile was of the appellant. Considering the fact that the allegation of commission of abuse is not in public view, let the appellant, above named, who has got no criminal antecedent, in the event of his arrest or surrender before the court below within a period

Patna High Court CR. APP (SJ) No.1194 of 2018 dt.11-05-2018 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 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date14.05.2018 Transmission Date 14.05.2018