Patna High CourtCR. APP (SJ)/162/2018allowed

Ravindra Kumar @ Bithal v. The State Of Bihar

2018-02-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.162 of 2018 Arising Out of PS.Case No. -42 Year- 2017 Thana -MAHILA PS District- GAYA ======================================================

1. Ravindra Kumar @ Bithal S/o Ram Pukar Bind, R/o VillageAjimatganj, Beldari Tola, P.S.- Paraiya, District- Gaya. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ravindra Kumar Sinha, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Special Judge (S.C./S.T. Act), Gaya, in connection with Mahila Police Station Case No.42 of 2017 registered under Section 376 of the Indian Penal Code and Sections 3(i)(w)(i)(ii)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to F.I.R., the appellant committed rape against the informant twice in her house. The victim is aged about 19 years and in her statement under Section 164 Cr.P.C. she stated that she had love-affairs with the appellant. Since the appellant was noticed in the house by the housemate, hence, F.I.R.

Patna High Court CR. APP (SJ) No.162 of 2018 (3) dt.09-02-2018 P2/ was lodged. The appellant had done nothing with her. Considering the aforesaid fact, let the appellant, above named, be released on bail on furnishing bail bond 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 condition that 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. Accordingly, the appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T