Ravindra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4440 of 2018 Arising Out of PS. Case No.-22 Year-2015 Thana- SC/ST District- Saharsa ====================================================== Ravindra Mishra, Son of Baidyanath Mishra, Resident of Village- Nathpur Darhi Khap, P.S. Narpatganj, District- Araria. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr.Amarnath Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard learned counsel for the parties.

Learned counsel for the appellant prays for and is allowed to correct the name of village of appellant in the cause title and vakalatnama.

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 by order dated 25.10.2018 passed by learned Additional Sessions Judge-1st cum Special Judge, Saharsa, in connection with Saharsa SC/ST P.S. Case No. 22 of 2015 registered under Sections 341, 323, 354, 379, 504/34 of the IPC and Section 3(i) (xi) of SC/ST (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.4440 of 2018(3) dt.03-01-2019 2/3 Informant in her written complaint has alleged of outraging her modesty by the appellant and FIR named accused and also abusing her by caste name.

It has been submitted on behalf of the appellant that he is innocent and has been falsely implicated in this case due to dispute between the parties. Appellant is in custody since 27.09.2018.

Considering the aforesaid facts and circumstances of the case, let the appellant named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the Appellant tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court CR. APP (SJ) No.4440 of 2018(3) dt.03-01-2019 3/3 liberty to move for cancellation of bail of the Appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.

(S. Kumar, J) ranjan/- U