Patna High CourtCR. APP (SJ)/774/2020allowed

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

2020-06-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.774 of 2020 Arising Out of PS. Case No.-148 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== DILKHUSH KUMAR @ DILKHUSH KUMAR MANDAL Son of Late Surendra Mandal Resident of Village - Sapaha, Police Station - Tikapatti, District - Purnea.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sada Nand Roy For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2020 Heard both sides.

The matter has been taken up through video conferencing.

The appellant seeks bail in Special SC & ST case No. 130/ 2018, arising out of Bhawanipur (Balia) P.S. case No. 148/2018, registered u/s 376(D), 34 of the IPC and u/s 3 (i) (w) of S.C. & S.T. (Prevention of Atrocities) Act. The learned counsel for the appellant submits that prayer for bail of the appellant was earlier rejected by this court vide order passed in Cr. Appeal (SJ) No. 2412 of 2019 but during the course of trial the victim was examined as PW 2. The victim in her cross-examination disclosed that since there was dark night, therefore, she could not identify any of the accused.

Patna High Court CR. APP (SJ) No.774 of 2020(5) dt.23-06-2020 2/2 The victim named the petitioner in the FIR on mere speculation. The appellant is in jail since 16.02.2019. The appellant has already remained in jail for one year and four months. Considering the facts aforesaid, this appeal is allowed and the appellant, above named, is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, SC & ST Act, Purnea in connection with Special SC & ST case No. 130/ 2018, arising out of Bhawanipur (Balia) P.S. case No. 148/2018.

(Prabhat Kumar Jha, J) BKS/- U T