Ajeet Singh @ Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.729 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -CHAUTHAM District- KHAGARIA =========================================================== Ajeet Singh @ Ajit Singh son of Shubhuk Lal Singh, resident of village- Patraha, P.S.- Choutham, District- Khagaria.

.... .... Appellant

Versus

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

For the Appellant/s : Mr. Mritunjay Kumar Umesh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 06-10-2016 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2.

This appeal under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 11.07.2016 passed by the learned Sessions Judge, Khagaria in B. A. No. 625 of 2016, whereby the bail application of the appellant in connection with Choutham P. S. Case No. 58 of 2016 registered under Sections 363, 366-A, 341, 323 and 504/34 of the Indian Penal Code and Sections 3 and 4 of the Scheduled Castes and the

Patna High Court CR. APP (SJ) No.729 of 2016 dt.06-10-2016 2/3 Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been rejected.

3.

It is contended by the learned counsel for the appellant that the appellant has falsely been implicated in the present case. The alleged victim was recovered and her statement was recorded under Section 164 of the Code of Criminal Procedure. She has not stated a word against the appellant rather the entire allegation is confined against his brother Rajiv Singh and his sisterin-law Lachcho Devi. 4.

On the other hand, learned Special Public Prosecutor for the State has submitted that there is no illegality in the impugned order passed by the learned Sessions Judge by which the application for grant of bail of the appellant has been rejected. He has submitted that the family members of the appellant have been found involved in the alleged offence.

5.

Regard being had to submissions made at the Bar, the impugned order dated 11.07.2016 passed by the learned Sessions Judge, Khagaria in B. A. No. 625 of 2016 is set aside. The appellant, who is custody since 06.06.2016, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Khagaria in

Patna High Court CR. APP (SJ) No.729 of 2016 dt.06-10-2016 3/3 connection with Choutham P. S. Case No. 58 of 2016. 6.

The appeal stands allowed.

(Ashwani Kumar Singh, J) Kanchan/- AFR/NAFR NAFR CAV DATE ...

Uploading Date 08.10.2016 Transmission Date 08.10.2016