Patna High CourtCR. APP (SJ)/805/2018allowed

Suchit Kumar Poddar @ Sujit Kumar@Suchitkumar@Suchit Poddar v. The State Of Bihar

2018-04-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.805 of 2018 Arising Out of PS.Case No. -58 Year- 2017 Thana -MAHILA P.S. District- PURNIA ===========================================================

1. Suchit Kumar Poddar @ Sujit Kumar @ Suchit Kumar @ Suchit Poddar, Son of late Bishwanath Poddar Resident of Village- Gangailli, Police Station- K. Nagar, District- Purnea ..... .... Appellant/s

Versus

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

For the Appellant/s : Mr. N.K.Agrawal, Sr.Adv : Mr.Vikram Singh, Adv For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-04-2018 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 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Purnea, in connection with SC/ST Case No.356 of 2017 (arising out of Mahila Police Station Case No.58 of 2017 registered under Sections 376,420,34 of the Indian Penal Code and Section 3(i)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of having physical relation with the informant on pretext of marriage. Subsequently, the appellant allegedly refused to marry with the informant.

Submission is that the allegation would reveal that informant was a consenting party. The appellant is in

Patna High Court CR. APP (SJ) No.805 of 2018 dt.25-04-2018 custody since 30.01.2018.

Considering the aforesaid facts, let the appellant, above named, be released on bail on completion of investigation on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with 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. Accordingly, the appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date26.04.2018 Transmission Date 26.04.2018