Patna High CourtCR. APP (SJ)/1225/2021bail granted

Sonu Kumar v. The State Of Bihar

2021-10-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1225 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- MAHILA P.S. District- Rohtas ====================================================== SONU KUMAR Son of Rajendra Singh Resident of Village - Chavariya, P.S.- Sanjhauli, Dist.- Rohtas.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajesh Kumar Singh, Advocate For the Respondent/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-10-2021 Heard learned counsel for the appellant and the learned Spl. P.P. for the State.

This appeal, under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is filed against the order dated 25.11.2020 passed in Registered Case No. 150 of 2020 whereby and whereunder the learned 1st Additional District and Sessions Judge, Rohtas at Sasaram rejected the prayer of pre-arrest bail of the appellant in connection with Mahila P.S. Case No. 28 of 2020 registered under Sections 341, 323, 498A and 34 of the Indian Penal Code and Sections 3(1) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. It is further

Patna High Court CR. APP (SJ) No.1225 of 2021(2) dt.28-10-2021 2/2 submitted that the main allegation is against Chandan Kumar and not against this appellant. It is further submitted that the first information report has been lodged after much delay of the occurrence. It is further submitted that no case is made out under the provisions of the SC/ST Act. It is further submitted that the appellant has no criminal antecedent. Having considered the facts and circumstances of the case, the impunged order dated 25.11.2020 is set aside and this appeal is allowed.

Let the appellant, above named, be released on bail, in the event of his/their arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge, Rohtas at Sasaram in connection with Mahila P.S. Case No. 28 of 2020.

(Sunil Kumar Panwar, J) Jagdish/- U T