Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.690 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- MOKAMAH District- Patna ====================================================== RAVI KUMAR Male aged about 21 years Son of Vilas Ram @ Ram Vilas Ram Resident of Modan Gachhi, Ward no. 5 Mokama, Police Station, Mokama, District- Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Arun Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 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 by order dated 18.01.2019 passed by learned Special Judge, SC/ST, Patna, in connection with Special Case No. 623 of 2018 arising out of Mokama P.S. Case No. 262 of 2018 registered under Section 376 of the IPC and Section 2(V)(VA) of SC/ST (Prevention of Atrocities) Act.

Informant in her written complaint has alleged that

Patna High Court CR. APP (SJ) No.690 of 2019(2) dt.12-03-2019 2/3 six years earlier appellant had solemnized marriage with her and establisehd physical relation and on 06.11.2017 admitted factum of said marriage and one son was born from the said wedlock and thereafter he left her in Delhi and returned back to Mokama. It has been submitted on behalf of the Appellant that the allegations are false and concocted. Petitioner is aged about 21 Years whereas Informant is a married lady of 40 years having three children. Appellant is in custody since 20.11.2018. Considering the aforesaid facts and circumstances of the case, let the appellant named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the Appellant tampers with the evidence or

Patna High Court CR. APP (SJ) No.690 of 2019(2) dt.12-03-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the Appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.

(S. Kumar, J) ranjan/- U