Patna High CourtCR. APP (SJ)/1709/2019allowed

Pawan Prasad v. The State Of Bihar

2019-06-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1709 of 2019 Arising Out of PS. Case No.-595 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== PAWAN PRASAD, Son of Rajendra Prasad, Resident of Village - Agrwa, P.S.- Muffasil Bettiah, District - West Champaran. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bimlesh Kumar Pandey For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-06-2019 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 12.03.2019 in B.P. No. 571 of 2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 595 of 2018 registered under Sections 366A/34 of the Indian Penal Code as well as Sections 3(i)(r)(ii)(V-a) of the SC/ST Act.

The statement of the victim girl recorded under Section 164 Cr.P.C. would reveal that she had love affairs with the appellant and she had voluntarily left her house along with

Patna High Court CR. APP (SJ) No.1709 of 2019 dt.04-06-2019 2/2 the appellant.

Considering the statement of the victim-girl, 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) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 07.06.2019 Transmission Date 07.06.2019