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Patna High CourtCR. APP (SJ)/2385/2019allowed

Arjun Pandit @ Arjun Kumar Pandit v. The State Of Bihar

2019-06-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2385 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== ARJUN PANDIT @ ARJUN KUMAR PANDIT Son of Bira Pandit Resident of Village - Bherihari, P.s.- Ramgarhwa, Dist.- East Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Singh Mr. Hariwansh, For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 21-06-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

The appellant seek pre-arrest bail in connection with Ramgarhwa P.S. Case No. 18 of 2019 registered under Sections 447, 341, 504, 506, 363, 366-A/34 of the Indian Penal Code and Section 3(i) (r) (s) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission of learned counsel for the appellant is that the appellant is innocent and has falsely been implicated in the present case. He is a man of clean antecedent. Further submission is that the victim in her statement recorded under section 164 Cr. P.C. (Annexure-2) specifically stated that she is aged about 18 years and went to

Patna High Court CR. APP (SJ) No.2385 of 2019 dt.21-06-2019 2/2 Nepal along with the appellant and married with him according to her sweet will. She specifically stated that her father lodged false case against her husband and his family members.

Having heard both sides and in the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, East Champaran, Motihari in connection with Ramgarhwa P.S. Case No. 18 of 2019, subject to the conditions as laid down under section 438(2) of Cr. P.C. Accordingly, the appeal is allowed and the impugned order dated 17.05.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date