Raj Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2058 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -SC/ST District- PURNIA ====================================================== Raj Kumar Bhagat, Son of Ram Narayan Bhagat, Resident of Village-Chhat Pokhar (Tatma toli) Pilice Station-K.Hat, District-Purnea. .... .... Appellant/s

Versus

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

For the Appellant/s : M/s. Anil Kumar Anal, Sr. Adv., B.D. Singh For the Respondent/s : Sri Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 This appeal is for grant of regular bail in connection with SC/ST P.S. Case No. 20 of 2016 registered for the offence(s) under section(s) 341, 342, 323, 307, 379, 385, 354, 427, 504, 506/ 34 of the Indian Penal Code and 3 (1) (x) (xi) of the SC/ST (POA) Act.

Allegation against the appellant is that he tried to pull the sari of the Mausi of the informant and also assaulted the informant and others.

Submission of the learned counsel for the appellant is that the informant is in habit of filing of the false case and in the year 2014 also, she has filed a case against the appellant and others. The appellant is in custody since 24.04.2017. Heard learned Special Public Prosecutor also. Having heard both sides and in view of the facts and

Patna High Court CR. APP (SJ) No.2058 of 2017 (2) dt.19-07-2017 2/2 circumstances, as stated above, this appeal is allowed. Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Purnea in connection with SC/ST P.S. Case No. 20 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T