Ravi Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.685 of 2019 Arising Out of PS. Case No.-136 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== RAVI KUMAR SINGH, aged about 22 years, (M), Son of Ekwal Singh Resident of Village - Khilwat, P.S.- Bidupur, Distt - Vaishali ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Mukesh Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 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 29.01.2019 passed by learned Additional Sessions Judge-1st-cum-Special Judge (SC/ST POA Act), Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 136 of 2018 registered under Sections 363, 364 and 365 of the IPC and Section 3 (1) (w) (i) of SC/ST (Prevention of Atrocities) Act. Informant has alleged that appellant along with coaccused Pappu Singh enticed and eloped away with his wife along with ornaments and cash of Rs. 20,000/- with bad

Patna High Court CR. APP (SJ) No.685 of 2019(2) dt.07-03-2019 2/3 intention and thereafter threatened him of dire consequence. It has been submitted on behalf of the appellant that he is innocent and has been falsely implicated in this case due to land dispute. Allegation against appellant is false and concocted. Petitioner has got no criminal antecedent and is in custody since 08.12.2018.

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 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail

Patna High Court CR. APP (SJ) No.685 of 2019(2) dt.07-03-2019 3/3 of the Appellant.

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

(S. Kumar, J) manoj/- U T