Ravi Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.264 of 2020 Arising Out of PS. Case No.-623 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== RAVI KUMAR SINGH Son of Prahlad Singh Resident of Ambai Salehpur, P.S. Habibpur, District Bhagalpur, at present Sipahi No. 450, Bihar Militry Police Force- 13 Darbhanga District - Darbhanga. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Madan Mohan, Advocate For the Respondent/s :

Mr.Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2020 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 bail vide order dated 09.01.2020 passed by the learned 3rd Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Bhagalpur, in connection with Kotwali (Tilkamanjhi) Police Station Case No.623 of 2018, registered under Sections 323/420/376 /313 / 504/506 of the Indian Penal Code and Section 3(1)(x)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The complaint based FIR would reveal that the appellant allegedly physically exploited to the complainant on

Patna High Court CR. APP (SJ) No.264 of 2020(3) dt.03-03-2020 2/2 the pretext of marriage.

Submission is that the parties have settled their dispute and have filed a written compromise petition before the Court-below.

The Court-below shall verify the factum of filing of the compromise petition and correctness of the same. Thereafter, shall release the appellant, above named, on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) 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, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The appellant shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) Mkr./- U T