Arti Bhagat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.417 of 2019 Arising Out of PS. Case No.-52 Year-2018 Thana- SC/ST District- Purnia ====================================================== 1.

ARTI BHAGAT wife of Gopal Prasad Bhagat 2.

Priyanka Kumari @ Priyanka Bhagat daughter of Gopal Prasad Bhagat 3.

Sonu Kumar Bhagat @ Sonu Bhagat son of Gopal Prasad Bhagat 4.

Rahul Kumar @ Rahul Raj son of Gopal Prasad Bhagat All resident of Village-Routa, P.S.- Routa, District - Purnea ... ... Appellant/s

Versus

THE STATE OF BIHAR Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Malay Kumar Choudhary For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-03-2019 Heard the parties.

The appellants are apprehending their arrest in connection with ABP No.2 of 2019/CIS 02/2019 (arising out of SC/ST P.S.Case No.52 of 2018), registered for offences punishable under Sections 376, 120(B),420, 467, 468, 471 of the Indian Penal Code and Section 3(2)(r) of SC/ST (Prevention of Atrocities) Act. Allegation as per the complaint petition is against Gopal Prasad Bhagat that he had physical relationship with the complainant on the pretext of marriage and on the basis of agreement, he has taken Rs.04 lac from her father. The appellants are named in the complaint petition.

Submission of the learned counsel for the appellants is that though they are named in the complaint petition but nothing specific has been attributed against them and the whole allegation is against only Gopal Prasad Bhagat.

Patna High Court CR. APP (SJ) No.417 of 2019 dt.28-03-2019 2/2 Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judgecum-Special Judge, Purnea in connection with ABP No.02 of 2019 (CIS-02/2019 (arising out of SC/ST P.S.Case No.52 of 2018), subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. Accordingly, this appeal is allowed and the impugned order is set aside. (Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date