Golu Chaudhary @ Golu Chaudhur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4676 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== Golu Chaudhary @ Gola Chaudhur, S/o Gautam Chaudhary, Resident of vill.- Sadiha, P.S.- Bhagwanpur, Dist.- Siwan.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajani Ranjan Pd. Singh For the Respondent/s :

Smt Usha Kumari No ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 07-03-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 05.09.2018 passed by the learned Addl. Sessions Judge-1st -cum-Special Judge, Siwan in ABP No. 1358 of 2018 arising out of Mahila (Siwan) P.S.Case No. 28 of 2018 registered under Section 376 of the Indian penal Code and Sections 3(i)(w) (ii)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against other co-accused is that on the pretext of marriage he made physical relationship with the informant and she became pregnant. It is alleged that this appellant was assisting the co-accused.

Patna High Court CR. APP (SJ) No.4676 of 2018 dt.07-03-2019 2/2 Submission of learned counsel for the appellant is that he has falsely been implicated in this case and no specific allegation has been attributed against him.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon 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 Addl. Sessions Judge-1st -cum-Special Judge, Siwan in ABP No. 1358 of 2018 arising out of Mahila (Siwan) P.S.Case No. 28 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date