Kari Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1490 of 2018 Arising Out of PS.Case No. -127 Year- 2016 Thana -HASANPUR District- SAMASTIPUR ===========================================================
1. Kari Rai, S/o Late Arun Rai,
2. Baua Rai S/o Ram Narayan Ray, Both Residents of Vill.- Sakarpura, P.S.- Hasanpur, District- Samastipur.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Abhimanyu Sharma, Advocate For the State : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-06-2018 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 (hereinafter referred to as the " S.C/S.T Act") against the refusal of prayer for regular bail by the learned Special Judge, S.C./S.T. Act, Samastipur in Hasanpur P.S. Case No.127/16A, T.R. No.557 of 2016 registered under Section 302/34 of the Indian Penal Code as well as under Sections 3(1), (x) of the S.C./S.T. Act. For old criminal cases going on between the parties, the appellants and co-accused Lalo Rai are suspected to have hung the son of the informant with a tree where dead body was found in hanging condition.
Patna High Court CR. APP (SJ) No.1490 of 2018 dt.25-06-2018 2/2 Submission is that only material against the appellants was suspicion and witness Mushahru Paswan, had not supported the allegation, and the co-ordinate bench of this Court had granted bail to Lalo Rai vide Annexure-2.
Considering the aforesaid submission, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, S.C./S.T. Act, Samastipur in Hasanpur P.S. Case No.127/16A, T.R. No.557 of 2016.
Accordingly, the impugned order is set aside and this appeal stands allowed.
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