Indal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No. 3324 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== Indal Mahto, Son of Nathuni Mahto, resident of Village - Dostiya, P.S. Sonbarsa, District - Sitamarhi .... .... Appellant

Versus

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

For the Appellant : Mr. Shankar Kumar, Advocate For the Respondent : Mr. Binay Krishna, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2017 Heard learned counsel for the parties.

This is an appeal under Section 14(2)(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned Special Judge (S.C./S.T.), Sitamarhi in Sonbarsa P.S. Case No. 233 of 2016 registered under Sections 363 and 366(A)/34 of the Indian Penal Code as well as Section 3(1)(x) of the SC/ST Act. The appellant is father of co-accused Shashi Kumar. Though in the FIR, there is allegation of kidnapping of the minor daughter of the informant, the victim-girl has not stated anything against the appellant in her statement under Section 164 Cr.P.C.

Considering the aforesaid facts, let the appellant,

Patna High Court CR. APP (SJ) No.3324 of 2017 (3) dt.15-12-2017 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sonbarsa Police Station Case No. 233 of 2016, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, this application stands allowed. (Birendra Kumar, J) Kundan/- U T