IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3859 of 2018
Arising Out of PS. Case No.-154 Year-2018 Thana- PALASI District- Araria
1. Suresh Mistry son of Late Manilal Mistry
2. Shanti Devi W/o Suresh Mistry
3. Tuntun Mistry son of Suresh Mistry
4. Anil Mistry S/o Suresh Mistry
5. Jageshwar Mistry, son of Late Manilal Mistry
6. Ramesh Mistry, son of Late Manilal Mistry. All Resident of
Village- Belsari,P.S. Palasi, District- Araria.
… … Appellant/s
Versus
The State of Bihar
… … Respondent/s
Appearance :
For the Appellant/s : Mr. Gopal Kumar Jha, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 14-12-2018
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 11.09.2018 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge, Araria,
in A.B.P. No.1386 of 2018, arising out of Palasi Police Station
Case No.154 of 2018, registered under Sections
147/323/342/498A/354B/201/384/386/504/506/120B of the
Indian Penal Code and Sections 3/4 of the Scheduled Castes
Patna High Court CR. APP (SJ) No.3859 of 2018 dt.14-12-2018
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and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The complainant was in relationship with the son of
the appellant Suresh Mistry. Thereafter both married with each
other. Allegation is that the appellants are not allowing the
complainant to be the member of their family.
Submission is that appellant Suresh Mistry filed an
informatory petition on 20.04.2018 against the named persons
including his son, who is husband of the complainant, alleging
therein that they want to falsely implicate the appellants in
false case or to commit some crime against them.
Learned counsel for the informant opposed the
prayer for anticipatory bail.
Considering the nature of relationship and the
statement of the appellants on oath that they have got no
criminal antecedent, 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 bonds of Rs.20,000/- (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
Patna High Court CR. APP (SJ) No.3859 of 2018 dt.14-12-2018
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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/trial of the case,
failing which the court below shall be at liberty to cancel the
bail bond of the appellants.
Accordingly, the impugned order is set aside and the
appeal is allowed.
(Birendra Kumar, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.12.2018
Transmission Date 17.12.2018