Patna High CourtCR. APP (SJ)/1971/2018allowed

Ranjan Kumar v. The State Of Bihar

2018-09-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1971 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ===========================================================

1. Ranjan Kumar son of Yogendra Rai, resident of Village- Hanuman Nagar, P.S. Bishanpur, District Darbhanga.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sujit Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-09-2018 The appeal is barred by limitation of 49 days. I.A. No.2272 of 2018, under Section 5 of the Limitation Act, has been filed for condonation of delay. Hence, the delay in filing of this appeal is condoned.

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 04.01.2018 passed by the learned 1st Additional Sessions Judge, Samastipur, in connection with Kalyanpur Police Station Case No.177 of 2017, registered under Section 366(A) of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.1971 of 2018 dt.24-09-2018 P2/ Allegation is that the appellant induced the informant, aged about 18 years, to go with him with intent to marry with her. The victim has already been examined during trial as P.W.2 wherein she has not alleged anything more against the appellant and stated that a compromise petition is there. Considering the aforesaid fact, 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 Date27.09.2018 Transmission Date 27.09.2018