Patna High CourtCR. APP (SJ)/494/2018allowed

Ram Pravesh Chaudhary @ Chhotu v. The State Of Bihar

2018-03-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.494 of 2018 Arising Out of PS.Case No. -14 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Ram Pravesh Chaudhary @ Chhotu S/o Shankar Chaudhary R/o Jawaripur, P.S. - Tilkamanjhi, Dist - Bhagalpur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ratnakar Pandey, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2018 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 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge, Bhagalpur, in connection with Kotwali (Tilkamanjhi) Police Station Case No.14 of 2017 registered under Sections 302/337/120B/34 of the Indian Penal Code, Section 4 of the POCSO Act and Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant is not named in the FIR, which relates to commission of suicide by the son of the informant. The appellant is in custody since 17.01.2017.

Considering the aforesaid fact, let the appellant,

Patna High Court CR. APP (SJ) No.494 of 2018 (3) dt.15-03-2018 P2/ 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 impugned order is set aside and appeal is allowed.

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