Mahendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2337 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -MAIGRA District- GAYA ===========================================================

1. Mahendra Kumar, Son of Umesh Prasad Gupta, Resident of Village- Simri Narayanpur, P.S.- Maigra, District- Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Arvind Kumar Singh, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-07-2018 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 order dated 13.06.2018 by the learned A.D.J.1st -cum-Special Judge (POCSO Act), Gaya, in connection with POCSO Case No.51 of 2018 arising out of Maigra Police Station Case No.15 of 2018 registered under Sections 342,448,354(B) and 506 of the Indian Penal Code, Section 3(I)(r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 8 of Protection of Children from Sexual Offences (POCSO) Act, 2012.

Considering the nature of allegation and factum of

Patna High Court CR. APP (SJ) No.2337 of 2018 dt.06-07-2018 2/2 compromise between the parties, 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date10.07.2018 Transmission Date 10.07.2018