Gagandeo Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3572 of 2017 Arising Out of PS.Case No. -217 Year- 2016 Thana -SHEOHAR District- SHEOHAR ====================================================== Gagandeo Sah Son of Late Kalyug Sah Resident of village- Kahatarwa, P.S.- Sheohar, Dist.- Sheohar .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Devendra Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, 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)(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, Sheohar, in connection with Sheohar Police Station Case No.217 of registered under Sections 302,201,120(B)/34 of the Indian Penal Code and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The mother of the informant had left her husband and the house and was living alongwith this appellant as wife. The FIR reveals suspicion against the appellant and others to have committed murder. However,
Patna High Court CR. APP (SJ) No.3572 of 2017 (5) dt.16-02-2018 no motive is alleged and there is no direct evidence. In view of the aforesaid 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 the appellant shall fully cooperate with the 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