Govind Sah @ Govind Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4814 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Govind Sah @ Govind Kumar, Son of Sri Mukhiya Sah @ Mukesh Kumar Sah, Resident of- Village Bahuara, P.S.- Basari (Parihara O.P.), DistrictBegusarai. ... ... Appellant/s

Versus

State Of Bihar & Anr ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kumar Thakur, Adv.

Mr.Pravin Kumar, Adv.

Mr. Shashank Shekar, Adv.

Ms. Swati Sinha, Adv.

For the State :

Mrs. Usha Kumari No-1, S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 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 bail by order dated 06.12.2018 passed by learned Special Judge (SC/ST Act), Begusarai, in connection with Complaint Case No.30C of 2018 registered under Sections 354B and 379 of the IPC and Section 3 (i) (w) of SC/ST (Prevention of Atrocities) Act.

Informant has filed a complaint petition in the court of Special Judge, S.C./S.T. alleging that appellant had tried to outrage her modesty and also snatched her golden earrings.

Patna High Court CR. APP (SJ) No.4814 of 2018(2) dt.08-01-2019 2/3 It has been submitted on behalf of the appellant that he is innocent and has been falsely implicated in this case. Appellant has got no criminal antecedent and is in custody since 06.12.2018.

Considering the aforesaid facts and circumstances of the case, let the appellant named above be released on bail upon furnishing bail bond of Rs. 20,000/- 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,with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the Appellant tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the Appellant.

Patna High Court CR. APP (SJ) No.4814 of 2018(2) dt.08-01-2019 3/3 Accordingly, the impugned order is set aside and this appeal stands allowed.

(S. Kumar, J) ranjan/- U