Sunil Kumar @ Sunil Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3387 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== SUNIL KUMAR @ SUNIL KUMAR SUMAN Son of Shivnandan Prasad @ Narendra Kumar Resident of Village - Chhotki Babhni, P.S.- Magadh University, Dist.- Gaya.

... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arun Kumar No. 1 For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-09-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 11.06.2019 passed by learned Exclusive Special Judge SC/ST Act, Gaya in Magadh University P.S. Case No. 18 of 2019 registered under Sections 323, 341, 379, 354, 504 and 506/34 of the Indian Penal Code and Section 3(1)(r)(w) of the SC/ST Act.

Over row of cooking food outside the house by the wife of the informant, appellant Sunil Kumar slated her in the name of her caste and also assaulted her catching hold her hair. Lalit Prasad pulled her saree while Rahul Kumar assaulted

Patna High Court CR. APP (SJ) No.3387 of 2019(3) dt.17-09-2019 2/3 father of the informant by means of leg and fist. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. As a matter of fact, father of the informant had sold out land to Punam Sinha and wife of the appellant has purchased said land from said Punam Sinha and value of the land has escalated, hence informant has lodged this false and frivolous case against the appellant to extract money from him. None has sustained any injury in the occurrence. Appellant has been languishing in custody since 31.05.2019. Hence the appellant may be enlarged on bail.

On the other hand, learned Spl. PP for the State and learned counsel for the informant opposing the bail petition submitted that the appellant assaulted the wife of the informant by catching hold her hair and also slated her in the name of her caste and appellant is also having criminal antecedent as two more criminal cases have been lodged against the appellant, hence he does not deserve bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. APP (SJ) No.3387 of 2019(3) dt.17-09-2019 3/3 learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Magadh University P.S. Case No. 18 of 2019. Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T