Dihal Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.661 of 2018 Arising Out of PS.Case No. -307 Year- 2017 Thana -PUPRI District- SITAMARHI ======================================================
1. Dihal Mukhiya, Son of Late Ramjas Mukhiya, R/o Village- Chainpura, P.S.- Pupari, District- Sitamarhi.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ashok Kumar Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2018 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 by the learned 1st Additional Sessions Judge, Sitamarhi, in connection with Pupri Police Station Case No. 307 of 2017 registered under Section 366A/34 of the Indian Penal Code and Section 3(ii)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Though in the FIR there is allegation of kidnapping of the daughter of the informant by the son of the appellant. However, submission is that the matter is of love affairs and the victim is living as wife with the son of the appellant. The
Patna High Court CR. APP (SJ) No.661 of 2018 (2) dt.22-03-2018 P2/ aforesaid fact has been stated in the supplementary affidavit. Considering the aforesaid fact, let the appellant, above named, who is in custody since 07.10.2017, 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./- U T