Kumar Sashibhushan @ Moti Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.583 of 2020 Arising Out of PS. Case No.-513 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== Kumar Sashibhushan @ Moti Lal Yadav Son of Ramdev Yadav Resident of Village- Gobrahi, Ward No. 8, P.S.- Jainagar, District- Madhubani. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Jhansi Kumari D/O Bechan Das R/O-Jai Nagar Rajputani Tola P.S.-Jai Nagar Dist-Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Gagan Deo Yadav, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-01-2021 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 07.01.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Madhubani, in connection with Jaynagar Police Station Case No.513 of 2019 registered under Sections 376/420 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

Patna High Court CR. APP (SJ) No.583 of 2020(5) dt.27-01-2021 2/3 1989.

The informant alleges that she had love-affairs with the petitioner since last one year. They solemnized marriage. Thereafter were living as husband and wife. When the family members of the appellant called on mobile the appellant and the informant came to their place and the appellant fled away from there. The appellant is in custody since 16.10.2019. Investigation of the case is already complete.

Considering the nature of allegation and the period already undergone by the appellant, let the appellant, above named, be released 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 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

Patna High Court CR. APP (SJ) No.583 of 2020(5) dt.27-01-2021 3/3 without permission of the trial Court.

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

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