Sonu Kumar @ Sannu Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.493 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -JAKKANPUR District- PATNA ======================================================

1. Sonu Kumar @ Sannu Kumar, Son of Sanjay Singh.

2. Sanjay Singh @ Sanjay Kumar, Son of Nand Jee.

3. Sarita Devi, Wife of Sanjay Singh.

All Resident of Village-Kab, P.S.- Rani Talab, District-Patna. .... .... Appellants

Versus

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

For the Appellant/s : Mr. Sunil Kumar, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned Additional District & Sessions Judge-IIcum-Special Judge, SC/ST Act in connection with Jakkanpur P.S.Case No. 115 of 2017 registered under Sections 363, 365 of the Indian Penal Code as well as under Sections 3(1)(X) of the Scheduled Castes and Scheduled Tribes Act.

The FIR was lodged on missing of the victim lady, who is aged about 35 years. On recovery, she disclosed that co-accused with his unknown associates had taken her on a vehicle and Rohit Kumar pressurized to sign on some paper

Patna High Court CR. APP (SJ) No.493 of 2018 (2) dt.20-02-2018 impersonating herself as Rashi Kumari. Rohit Kumar was pressurizing for marriage and he married with the victim. Considering the aforesaid facts, wherein there is no specific allegation against the appellants, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants 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 appellants. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T