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Patna High CourtCR. APP (SJ)/1435/2018allowed

Ranjit Kumar @ Ranjit Kumar Ravi And ANR v. The State Of Bihar

2018-07-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1435 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -SC/ST District- SITAMARHI ===========================================================

1. Ranjit Kumar @ Ranjit Kumar Ravi,

2. Shambhu Sah @ Prakash Chandra Ravi, Both are Son of Mahesh Sah @ Mahesh Prasad Ravi, Both Residence of Vill.- Naranga, P.S.- Bela, DistrictSitamarhi. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Arvind Kumar Tewary, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP ============================================================ CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-07-2018 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 vide order dated 03.04.2018, passed by the learned Special Judge (S.C./S.T. Act)-cumAdditional Sessions Judge-I, Sitamarhi, in A.B.P. No.591 of 2018, arising out of SC/ST Police Station Case No.19 of 2018, registered under Sections 341/323/354/504/506/34 of the Indian Penal Code and Sections 3(i)(r)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to FIR, the appellant allegedly attempted to ravish the informant.

Submission is that false and mala fide allegation is there

Patna High Court CR. APP (SJ) No.1435 of 2018 dt.05-07-2018 P2/ for the reason that husband of the informant is accused in connection with Bela P.S. Case No.221 of 2017 lodged by appellant No.1 Ranjit Kumar @ Ranjit Kumar Ravi and just to save the skin the present false case has been lodged besides other cases lodged by the family members of the informant.

Considering the background and nature of allegation, let the appellants, above named, in the event of their 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) each 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 appellants 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 appellants. Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date11.07.2018 Transmission Date 11.07.2018