Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1575 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== ASHUTOSH KUMAR, Son of Jayjayram Mahto Resident of Village - Salauna, P.S.- Bakhari, District - Begusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Raj Kumar Sinha, Advocate.

For the Respondent/s :

Mr. Binay Krishna, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

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 06.07.2020 passed by the learned Special Judge, SC/ST (POA) Act, Begusarai in Bakhari P.S. Case No. 212 of 2020 registered under Sections 341, 342, 323, 244, 354A, 354B and 354D of the Indian Penal Code, Section 37 (c) of the Bihar Prohibition and Excise Act and Sections 3(i)(r)(s) / 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of sexual

Patna High Court CR. APP (SJ) No.1575 of 2021(2) dt.01-07-2021 2/2 harassment to a school going girl. Appellant has stated on oath that he has got no criminal antecedent and he is in custody since 27.05.2020 Considering the period already undergone, let the appellant, above named, be released on bail, on furnishing bail bonds 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 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 the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T