Ishwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1484 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- EKMA District- Saran ====================================================== Ishwar Prasad, Son of Late Dhup Lal Prasad Resident of Village- Rith, P.S.- Ekma, District- Saran at Chapra.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Dewendra Narayan Singh For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 12-04-2019 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 19.03.2019 in Ekma P.S. Case No. 53 of 2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Saran at Chapra registered under Sections 341, 323, 324, 366A, 376, 506/34 of the Indian Penal Code, Section 4, 6 of the Protection of Children from Sexual Offences (POCSO) Act as well as Section W(1) of the SC/ST Act. Son of this appellant was in physical relation with the informant pretending that he would marry with the informant. When the matter was proposed to the family of the
Patna High Court CR. APP (SJ) No.1484 of 2019 dt.12-04-2019 2/2 appellant, they refused to agree for their marriage. Considering the aforesaid material, let the appellant, 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 the aforesaid case, subject to the 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Rajan/Banti AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 16.04.2019 Transmission Date 16.04.2019