Patna High CourtCR. APP (SJ)/2343/2018allowed

Akhil Kumar v. The State Of Bihar

2018-07-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2343 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -TARARI District- BHOJPUR ===========================================================

1. Akhil Kumar, Son of Manoj Kumar Singh @ Manoj Singh, Resident of VillageSedahan, Police Station- Tarari, District- Bhojpur Ara. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Rajiva Ranjan, Adv For the Respondent/s : Mr. Binay Krishna, 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 28.04.2018 by the learned 1st Additional District and Sessions Judge, Bhojpur Ara, in connection with SC/ST Case No.39 of 2018 arising out of Tarari Police Station Case No.17 of 2018 registered under Sections 363,365,376 of the Indian Penal Code and Section 3(XII) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The informant had entered into love marriage with the appellant. In the statement under Section 164 Cr.P.C., she stated that she has no faith on the appellant. Hence, she does

Patna High Court CR. APP (SJ) No.2343 of 2018 dt.06-07-2018 2/2 not want to live with the appellant as wife.

Considering the nature of material, 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