Damodar Ray v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2729 of 2018 Arising Out of PS.Case No. -165 Year- 2018 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ===========================================================

1. Damodar Ray S/o Lal Babu Ray, R/o Vill.- Chakrijgani, P.S.- Sadar (Hajipur), District- Vaishali.

.... .... Appellant/s

Versus

1. The State of Bihar.

2. Shivanath Kumar S/o Late Machhu Paswan, R/o Vill.- Chaksakara, P.S.- Sadar (Hajipur), District- Vaishali.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Shashi Shekhar Kumar Prasad, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 01-10-2018 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 vide order dated 23.04.2018 passed by the learned Additional Sessions Judge 1st -cum-Special Judge, Vaishali at Hajipur, in connection with Hajipur Sadar Police Station Case No.165 of 2018, registered under Sections 302/328/120B of the Indian Penal Code and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Father of the informant had gone along with the appellant and thereafter his dead body was found in the orchard. The

Patna High Court CR. APP (SJ) No.2729 of 2018 dt.01-10-2018 P2/ post mortem report would reveal that no external injury was found by the doctor on the person of the deceased and the death was due to vascular distributive shock from unknown abdominal pathology. The case-diary reveals that there is no eyewitness of the occurrence. The appellant is in custody since 17.03.2018. Investigation of the case is already complete.

Considering the entire facts aforesaid, let the appellant, above named, be released on bail 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 impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date04.10.2018 Transmission Date 04.10.2018