Ajay Krishna Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4213 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- SC/ST District- Muzaffarpur ====================================================== Ajay Krishna Kumar Singh, Son of Late Kapildeo Prasad Singh Resident of Village- Sain Chhapra Dewanand, P.S.- Kanti, District- Muzaffarpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-02-2020 None appears on behalf of the parties.

Perused the record.

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 vide order dated 14.08.2019 by the learned Special Judge, SC/ST (POA) Act, Muzaffarpur in SC/ST Muzaffarpur P.S. Case No. 30 of 2019 registered under Sections 147, 148, 149, 323, 420 and 406 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The complaint based F.I.R. would reveal that due to non-performance of agreement to sale immovable property, allegation has been levelled that the complainant was cheated by

Patna High Court CR. APP (SJ) No.4213 of 2019(5) dt.10-02-2020 2/2 the appellant.

Since main allegation discloses a case of civil dispute and civil remedy is already there with the informant, let the appellant, above named, be released on bail, on furnishing bail bonds 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 the aforesaid case, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The appellant shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) mantreshwar/- U T