Jhanjhat Yadav @ Dev Nandan Yadav @ Dewa Nand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5700 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- MEHANDIGANJ District- Patna ====================================================== JHANJHAT YADAV @ DEV NANDAN YADAV @ DEWA NAND KUMAR Son of Vishwanath Yadav Resident of Village - Pratappur, Police Station - Mehandiganj, District - Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Mishra For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2020 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 16.10.2019 by the learned Addl. Sessions Judge-XX cum Special Judge (SC/ST Act), Patna in Mehandiganj P.S. Case No. 126 of 2019 registered under Sections 341, 323, 308, 354 and 504/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. There is case and counter case between the parties. Offences alleged against the appellant under Indian Penal Code are bailable. Parties have entered into a compromise.

Patna High Court CR. APP (SJ) No.5700 of 2019(4) dt.26-02-2020 2/2 Considering the fate of trial after compromise, 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 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 Cr.P.C as well as following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The appellant shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) mantreshwar/- U T