Patna High CourtCR. APP (SJ)/3021/2018allowed

Sujit Kumar Lal v. The State Of Bihar

2018-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3021 of 2018 Arising Out of PS.Case No. -370 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ===========================================================

1. Sujit Kumar Lal, Son of Dharamlal Dev, resident of Village- Biuni, P.S.- Bahadurpur (Pator O.P.), District- Darbhanga. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Sanjeev Kumar Jha, 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 26.07.2018 passed by the learned Additional Sessions Judge 1st -cum-Special Judge (POCSO Act), Darbhanga, in POCSO G.R. Case No. 33 of 2017, arising out of Bahadurpur Police Station Case No.370 of 2017, registered under Sections 354B/504 of the Indian Penal Code, Section 12 of the POCSO Act and Section 3(i)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant is of sexual harassment to the informant. Appellant is in custody since

Patna High Court CR. APP (SJ) No.3021 of 2018 dt.01-10-2018 P2/ 11.07.2018. Appellant has stated on oath that he has got no criminal antecedent. Investigation of the case is already complete. Considering the 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