Opendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1060 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================
1. Opendra Rai S/o Ramashish Rai Resident of Village - Tara Chouri, P.S. Mahnar, District-Vaishali.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Rajeev Ranjan No.1, Advocate For the Respondent/s : Smt. Usha Kumari No.1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-04-2018 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 Additional Sessions Judge-I-cum-Special Judge (S.C./S.T. Act), Vaishali at Hajipur, in connection with Mahnar Police Station Case No.9 of registered under Sections 447/341/323/504/506/385/379/34 of the Indian Penal Code and Sections 3(1)(r)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The appellant is neighbour of the informant.
Allegation is of demand of ransom and commission of abuse by taking caste name of the informant.
Patna High Court CR. APP (SJ) No.1060 of 2018 (2) dt.09-04-2018 P2/ Submission is that due to some trivial dispute between the two neighbours false FIR has been lodged. Appellant is in custody since 12.02.2018.
Considering the aforesaid fact, 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./- U T