Dharamvir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.630 of 2020 Arising Out of PS. Case No.-456 Year-2019 Thana- GAURICHAK District- Patna ====================================================== DHARAMVIR SINGH, Son of Late Arjun Singh Resident of Village - Dujra, Police Station - Gaurichak, District - Patna. ... ... Appellant

Versus

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

For the Appellant/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-02-2020 No one appears on behalf of the parties.

Perused the record.

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 08.01.2020 passed by the learned Special Judge, SC/ST Act, Patna in Special Case No. 566 of 2018, arising out of Gaurichak P.S. Case No. 456 of 2019 registered under Section 363 of the Indian Penal Code. Later on Sections 302 and 201 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 were added.

The F.I.R. of kidnapping of minor son of the informant was lodged against unknown. On recovery of the dead body, suspicion was raised against the appellant due to

Patna High Court CR. APP (SJ) No.630 of 2020(2) dt.11-02-2020 2/2 previous enmity.

Considering the fact that only material against the appellant is suspicion and the appellant has got no criminal antecedent, 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 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 the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T