Lalji Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2869 of 2018 Arising Out of PS. Case No.-182 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Lalji Singh, S/o Late Jhagru Singh, Resident of Village - Hazratpur, P.S. - Minapur, District - Muzaffarpur.

... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Pawan Kumar Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 31-08-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 28.06.2018 passed by the learned 11th Additional Sessions Judgecum-Special Judge, S.C./S.T. Act, Muzaffarpur in A.B.P. No.1219 of 2018, arising out of Minapur Police Station Case No.182 of 2018 registered under Sections 365, 366(A)/34 of the Indian Penal Code and Sections 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The informant came to know that co-accused, Nitesh Kumar had induced his daughter to go with him with intent to

Patna High Court CR. APP (SJ) No.2869 of 2018 dt.31-08-2018 2/2 marry with her. The appellant is father of of Nitesh Kumar. Allegation is of commission of abuse and assault. Considering the nature of allegation against the appellant, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees 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, subject to condition that both the bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

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