Radhe Kewat @ Radhe Shyam Kewat @ Dahiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2522 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- PUNPUN District- Patna ====================================================== Radhe Kewat @ Radhe Shyam Kewat @ Dahiya Son of Murari Kewat Resident of Village- Saraiyan, P.S.- Punpun, District- Patna. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ram Naresh Ray For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 13.05.2019 passed by learned Addl. Sessions Judge-VIII cum Special Judge (SC/ST Act), Patna in Special Case No. 58 of 2019 registered under Sections 341, 323, 354, 354(B) and 504 of the Indian Penal Code, Section 8 of the POCSO Act and Section 3(I)(w) of the SC/ST Act.
During course of defecation on the bank of Morhar river, appellant is said to have caught hold the informant and assaulted her by means of fist and pulled her with bad intention.
Patna High Court CR. APP (SJ) No.2522 of 2019(2) dt.02-07-2019 2/2 It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to ulterior motive at the instance of the co-villagers. He has no criminal antecedent and has been languishing in custody since 22.02.2019. Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-VIII cum Special Judge (SC/ST Act), Patna in Special Case No. 58 of 2019.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T