Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.269 of 2018 Arising Out of PS.Case No. -30 Year- 2017 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Sonu Kumar S/o Ranjan Sah, R/o Mohalla- Dakhin Tola Siwan, P.S.- Town P.S.- Siwan, District- Siwan.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Naresh Prasad, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2018 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 anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Siwan, in Siwan Mahila Police Station Case No.30 of 2017 registered under Sections 354D/120B of the Indian Penal Code, Section 66A of the I.T. Act and Section 3(xi) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The F.I.R. would reveal that the matter might be of one-sided love between the informant and appellant Sonu. Allegation against the appellant is to have abused on mobile call to

Patna High Court CR. APP (SJ) No.269 of 2018 (3) dt.23-02-2018 P2/ the informant by taking her caste name.

Submission is that the occurrence did not take place in public view.

Considering the aforesaid facts, 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 bonds 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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 stands allowed.

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