Krishna Kumar Mandal @ Krishna Kumar @ Mandal@ Krishna Prasad Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3359 of 2017 Arising Out of PS.Case No. -750 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Krishna Kumar Mandal @ Krishna Kumar @ Mandal@ Krishna Prasad Mandal, Son of Late Yogendra Prasad, Resident of Village/MohallaChandmari Chauk, P.S.- Nagar Motihari, District- East Champaran. .... .... Appellant
Versus
The State of Bihar.
.... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Krishna Chandra, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-02-2018 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 bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran at Motihari, in connection with Motihari Town Police Station Case No.750 of 2017 registered under Sections 341/420/467/468/354/471/506/509 & 34 of the Indian Penal Code and Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
There are two allegations, first was commission of abuse by taking caste name at the house of the informant and
Patna High Court CR. APP (SJ) No.3359 of 2017 (4) dt.01-02-2018 second is retention of the cheques issued by the informant as token of payment against purchase of ornaments and cloths from the shop of the appellant.
Learned counsel for the informant opposed the prayer for bail.
Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Motihari Town Police Station Case No.750 of 2017, with 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.
Accordingly, the appeal stands allowed and the impugned order is set aside.
(Birendra Kumar, J) Nitesh/- U T