Patna High CourtCR. APP (SJ)/712/2016allowed

Ramanuj Sah @ Ramanuj Kumar v. The State Of Bihar

2016-12-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.712 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================

1. Ramanuj Sah @ Ramanuj Kumar Son of Sri Mahendra singh , resident of village: Nad, Police Station : Karakat, District: Rohtas At SaSaram. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sada Nand Roy, Advocate For the Respondent/s : Mr. Sri Sadanand Paswan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-12-2016 This appeal is under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (hereinafter referred to as SC, ST Act). The appellant is aggrieved by an order dated 13.07.2016 passed by learned 1st Additional Sessions Judge, Rohtas at Sasaram in B.P. No. 582 of 2016 arising out of Karakat P.S. Case No. 186 of 2015, whereby he has rejected an application for regular bail made on behalf of the appellant. The appellant is an accused in a case registered for the offence punishable under Section 366A of the Indian Penal Code and Section 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and he is in custody since 03.06.2016.

Learned counsel appearing on behalf of the appellant has submitted that the alleged victim is admittedly more than 18

Patna High Court CR. APP (SJ) No.712 of 2016 (3) dt.09-12-2016 2/2 years of age. It has also been submitted that her statement recorded under Section 164 of the Code of Criminal Procedure contradicts the case of the prosecution.

I find substance in submission made on behalf of the appellant for the purpose of grant of bail. The order dated 13.07.2016 passed by 1st Additional Sessions Judge, Rohtas at Sasaram in B.P. No. 582 of 2016 arising out of Karakat P.S. Case No. 186 of 2015 is, hereby, set aside.

Let the appellant, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with B.P. No. 582 of 2016 arising out of Karakat P.S. Case No. 186 of 2015.

(Chakradhari Sharan Singh, J) Vats/- U T