Patna High Court - Orders
Dashrath Singh & Anr vs State Of Bihar & Anr on 28 February, 2018
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.607 of 2018
Arising Out of PS.Case No. -19 Year- 2017 Thana -SC/ST District- AURANGABAD
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1. Dashrath Singh , s/o Shankar Dayal Singh
2. Shankar Dayal Singh s/o Late Jamuna Singh, both r/o village Naike, P.S.
Rafiganj, Distt. Aurangabad.
.... .... Appellant/s
Versus
State of Bihar
2. Awadhesh Ram s/o Late Bhagan Ram, R/o Village Kushi, P.S.
Aurangabad (Mufassil), Distt. Aurangabad
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ashok Kumar Singh
For the Respondent/s : Mr. Sri Sadanand Paswan
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
2 28-02-2018Heard 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act in Aurangabad in SC/ST P.S. Case No. 19 of 2017 registered under Sections 504, 420, 406/34 of the Indian Penal Code as well as Section 3 of the SC/ST Act.
The complainant had purchased the land from one of the appellants through registered sale deed without getting it measured. Subsequently, the complainant was insisting for measurement of the land and for that reason, the appellant allegedly committed abuse by taking caste name.
Submission is that there is no material to substantiate that the appellant was intending to humiliate a member of Schedule Caste. J ust to Patna High Court CR. APP (SJ) No.607 of 2018 (2) dt.28-02-2018 2/2 pressurize the appellants in civil matter, complaint was filed.
Learned Special Public Prosecutor has opposed the prayer for bail.
Considering the aforesaid facts, 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 bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each 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 Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.
Accordingly, this appeal stands allowed.
(Birendra Kumar, J) sushma/-
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