Pradeep Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3490 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -SC/ST District- ARRARIA ====================================================== Pradeep Narayan Singh S/o Late Bal Govind Singh, R/o Village- Paikpar Ward no. 09, P.S.- Bhargama, District- Araria. .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Anil Prasad Singh, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cumSpecial Judge, SC/ST, Araria in connection with Araria S.C. & S.T. P.S.Case No. 05 of 2017 registered under Sections 323,324,504,506/34 of the Indian Penal Code as well as under Sections 3(1)(f) (r) of the Scheduled Castes and Scheduled Tribes Act.
The FIR was lodged after delay of 141 days with allegation that the appellant who is aged about 80 years allegedly abused and assaulted to the informant by taking his caste name.
Patna High Court CR. APP (SJ) No.3490 of 2017 (2) dt.05-01-2018 Considering the unexplained delay in lodging the FIR as well as the age of the appellant, 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 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 Araria S.C. & S.T. P.S.Case No. 05 of 2017, 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/- U T