Akshay Kumar @ Akshay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.751 of 2018 Arising Out of PS.Case No. -591 Year- 2017 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Akshay Kumar @ Akshay Kumar Mandal son of Munilal Mandal, resident of village- Hamara, Police Station- Jagdishpur (Goradih), DistrictBhagalpur. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Praveen Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned 4th Additional Sessions Judge-cum-Special Judge, Bhagalpur in Jagdishpur (Goradih) P.S. Case No. 591 of 2017 registered under Sections 366A/34 of the Indian Penal Code as well as Sections 3(1)(r), 3(ii)(v/a) of the SC/ST Act.

Allegation against the appellant is of abduction of the married daughter of the informant. Further allegation is that the informant has got information that the appellant has kept the victim in his captivity. Though in her statement under Section 164

Patna High Court CR. APP (SJ) No.751 of 2018 (3) dt.16-04-2018 2/2 Cr.P.C., the victim has stated that the appellant forcefully took her to his house, however, has alleged nothing against the appellant. Submission is that the matter is of love affairs. Learned counsel for the informant opposed the prayer for bail on the ground that the victim was recovered from the house of the appellant by the police.

Considering the entire facts aforesaid, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) 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, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T