Jitendra Singh vs State of Biha

Birendra Kumar, J.

Heard learned counsel for the parties.

These appeals are 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 12.07.2018 and 11.04.2018 in A.B.P. No. 1464 of 2018 and A.B.P. No. 138 of 2018 respectively passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Samastipur in connection with Samastipur Sadar SC/ST P.S. Case No. 29 of 2017 registered under Sections 323, 341, 354, 504, 506/34 of the Indian Penal Code as well as Sections 3(i)(r)(s)/3(2)(va) of the SC/ST Act.

Appellant no. 1 Jitendra Singh had lodged Tajpur P.S. Case No. 157 of 2017 on 25.05.2017 against father of the informant of this case and others including husband of the some of the females named in the present FIR. After one month of the aforesaid occurrence, the present FIR was lodged with allegation that the appellants attempted to outrage the modesty of the named females while they were collecting firewood.

In the background of allegation, chances of mala fide prosecution cannot be ruled out for the purpose of consideration of this prayer for anticipatory bail, hence, 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 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

Accordingly, the impugned orders are set aside and these appeals stand allowed.