Jaydeo Singh @ Jaydeo Kumar @ Jaydev Singh And Ors vs State Of Bihar

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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 06.09.2019 in A.B.P. No. 6268 of 2019 passed by the learned 20th Sessions Judge-cum-Special Judge S.C./S.T., Patna in connection with Barh P.S. Case No. 363 of 2019 registered under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code as well as Sections 3(i)(r)(s), 2(v-q) of the SC/ST Act.

Most of the offences of the Indian Penal Code alleged against the appellants are either bailable or compoundable.

Learned counsel for the appellants submits that the parties have entered into a written compromise and a copy of the compromise petition has been brought on the record by a supplementary affidavit.

Learned Special Public Prosecutor opposed the prayer for bail.

Considering the factum of compromise and fate of the trial, 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 anticipatory bail on furnishing bail bonds 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 subject to the following conditions:-

(a) 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.

(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The appellants shall not leave the country without permission of the learned trial court.

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