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Patna High CourtCR. APP (SJ)/2846/2018allowed

Amrit Raj @ Amit Raj @ Amit Ranjan v. The State Of Bihar

2018-09-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2846 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -MAHILA PS District- JEHANABAD ===========================================================

1. Amrit Raj @ Amit Raj @ Amit Ranjan, Son of Kameshwar Yadav, Resident of Village - Daulatpur, P.O. - Moker, P.S. - Korona, O.P Jehanabad, District - Jehanabad.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Arun Kumar, Manish Kumar, Advocates For the Respondent/s : Mr. Sadanand Paswan, S.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 17-09-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 20.06.2018 in Jehanabad Mahila P.S. Case No. 21 of 2018/POCSO Case No. 19 of 2018 passed by the learned 1st Additional Sessions Judge, Jehanabad in connection with the aforesaid case registered under Sections 323, 341, 354B/34 of the Indian Penal Code, Section 8 of the Protection of Children from Sexual Offenses Act, 2012 as well as Section 3(1)(w) of the SC/ST Act.

The allegation is against three FIR accused persons including the appellant of sexual harassment to the informant, a girl

Patna High Court CR. APP (SJ) No.2846 of 2018 dt.17-09-2018 2/2 aged about 14 years.

Submission is that the appellant has got no criminal antecedent and he is in custody since 29.05.2018. The allegation is general and omnibus.

Considering the aforesaid facts of this case, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 18.09.2018 Transmission Date 18.09.2018