Patna High CourtCR. APP (SJ)/3290/2017allowed

Ramesh Yadav v. The State Of Bihar

2017-12-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3290 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -SABAUR District- BHAGALPUR ======================================================

1. Ramesh Yadav, Son of Sri Ram Yadav, Resident of Village- English, P.S.- Sabour, District- Bhagalpur.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Ranjan Kumar Jha, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 2nd Additional Sessions Judge-cum-Special Judge, Bhagalpur, in Trial No.659 of 2017, arising out of Sabour Police Station Case No.29 of 2017 registered under Sections 376/313/504/506/34 of the Indian Penal Code and Section 3(i) (w)(ii)/3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is that he was in physical relation with the informant by falsely pretending that he would marry with the informant.

Patna High Court CR. APP (SJ) No.3290 of 2017 (3) dt.12-12-2017 P2/ Submission is that the appellant is in custody since 30.03.2017.

Considering the fact that the matter is of consensual sex, 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 Trial No.659 of 2017, arising out of Sabour Police Station Case No. 29 of 2017, 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 appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T