Suraj Ram @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1046 of 2016 Arising Out of PS.Case No. -27 Year- 2015 Thana -HARIZAN District- MUNGER =========================================================== Suraj Ram @ Suraj Kumar, Son of Kishore Ram, Resident of Village- Dilwarpur, P.S. Kotwali, District- Munger.

.... .... Appellant.

Versus

The State of Bihar .... .... Respondent.

=========================================================== Appearance :

For the Appellant : Mr.

For the State : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date: 16-12-2016 -------- Heard learned counsel for the appellant as well as learned APP for the State.

2. This criminal appeal filed under section 14 A(2) of the SC/ST ( Prevention of Atrocities) Amendment Act is preferred against the order dated 28.09.2016 passed by learned Additional Sessions Judge 1st, Munger, in B.A.No. 520 of 2016 by which the prayer for bail of the appellant in connection with Munger SC/ST P.S Case No. 27 of 2015 has been rejected

3. Learned counsel appearing for the appellant challenged the impugned order on the ground that the present case was lodged on the basis of complaint petition which was filed on 01.10.2015 but before filing of the complaint petition, the statement of deceased was recorded by police on 24.09.2015, while she was admitted in Sadar

Patna High Court CR. APP (SJ) No.1046 of 2016 dt.16-12-2016 2/2 hospital, Munger and in the aforesaid statement, she stated that she was in love with the appellant and she as well as appellant solemnized their marriage in a temple and, subsequently, both consumed poison by their own sweet will.

4. Learned counsel for the appellant submitted that the learned court below failed to take note of above stated statement of victim and if the statement of victim is taken into consideration, neither the offences under the SC/ST Act nor under the Indian Penal Code are made out against the appellant.

5. Considering the aforesaid facts as well as submissions of the parties, this criminal appeal is allowed and the impugned order dated 28.09.2016 passed by learned Additional Sessions Judge 1st , Munger, in B.A.no.520 of 2016 stands set aside.

6. Accordingly, the appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st, Munger in connection with Munger SC/ST P.S.Case No. 27 of 2015 (Hemant Kumar Srivastava, J) N.K/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date