Devniti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1768 of 2019 Arising Out of PS. Case No.-611 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Devniti Kumar S/o- Kaushal Kishore Ray @ Birbal Rai Resident of VillageKill, P.S.- Barauni (Garhara), District- Begusarai. ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shubhesh Pandey For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 30-04-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 30.03.2019 passed by learned Special Judge SC/ST (PoA) Act, Begusarai in Barauni (Garhara) P.S. Case No. 611 of 2018 registered under Sections 366(A)/34 of the Indian Penal Code, Sections 3(1)(R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant is said to have kidnapped the minor daughter of the informant while she was asleep in her house intending to perform marriage with her.

Patna High Court CR. APP (SJ) No.1768 of 2019 dt.30-04-2019 2/3 It is submitted by learned counsel for the appellant that no such occurrence as alleged every took place. Victim in her statement recorded under Section 164 Cr.P.C. has herself stated that she had called the appellant at the time of occurrence and suo motu eloped with her and went to Delhi. Appellant has not kidnapped her. But, on interaction with the father on telephone about filing the case against them, they regressed to house. The learned Magistrate while recording the statement of the victim has assessed her age as 18 years and she was major at the time of occurrence. There is no allegation of any sexual assault against the victim at the hand of the appellant. Appellant has no criminal antecedent and has been languishing in custody since 30.03.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST (PoA) Act, Begusarai in Barauni (Garhara) P.S. Case No. 611 of 2018.

Accordingly, the impugned order is set aside and

Patna High Court CR. APP (SJ) No.1768 of 2019 dt.30-04-2019 3/3 appeal is allowed.

(Prakash Chandra Jaiswal, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2019 Transmission Date 01.05.2019