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Patna High CourtCR. APP (SJ)/273/2018allowed

Balram Kumar @ Bali @ Bulli v. The State Of Bihar

2018-02-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.273 of 2018 Arising Out of PS.Case No. -231 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Balram Kumar @ Bali @ Bulli, son of Ekbali Sah @ Ram Ekbal Prasad, Resident of Village- Jamunapur, P.S.- Adapur, District- East Champaran. .... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Abhishek Kumar @ Sonu Babu, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 Heard learned counsel for the parties.

This is an appeal under Section 14-A (1 )& (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-cum-Special Judge S.C./S.T. (POA) Act, East Champaran at Motihari, in connection with Adapur Police Station Case No.231 of 2017 registered under Sections 420,376,34 of the Indian Penal Code, and Section 3(i) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant is of physical relation with the informant on the pretext of marriage. The informant is already a married lady. The material discloses that she was a consenting party. Hence, the appellant

Patna High Court CR. APP (SJ) No.273 of 2018 (2) dt.16-02-2018 deserves for regular bail.

Accordingly, the appellant, above named, is directed to 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) Nitesh/- U T