Ram Seth Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4082 of 2018 Arising Out of PS.Case No. -245 Year- 2016 Thana -SALAKHUA District- SAHARSA ===========================================================
1. Ram Seth Yadav Son of Jagdev Yadav Resident of Village- Bankatti, P.S. Salkhua, District- Saharsa.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Sameer Ranjan, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-11-2018 Heard learned counsel for the parties.
Learned counsel for the appellant is permitted to make correction in para-14 of the memo of appeal in course of the day. 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 vide order dated 28.08.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Saharsa, in connection with Salkhua Police Station Case No.245 of 2016, registered under Sections 147/148/149/341/342/323/367/511 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.4082 of 2018 dt.06-11-2018 P2/ A civil suit is going on between the parties. In the aforesaid background allegation is of commission of abuse and assault and attempt to abduct the information.
Considering the background and nature of allegation, 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 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 appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date08.11.2018 Transmission Date 08.11.2018