Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2316 of 2018 Arising Out of PS.Case No. -51 Year- 2018 Thana -BIHRA District- SAHARSA ===========================================================

1. Abhimanyu Kumar S/o Ashok Prasad Yadav @ Ashok Yadav, R/o Vill.- Bhatrandha Ward No.04, P.S.- Ghailarh, District- Madhepura. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Pramod Mishra, Adv For the Respondent/s : Mr.Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-11-2018 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 order dated 15.05.2018 in POCSO Case Bi.17 of 2018, Bihra P.S.Case No.51 of 2018 passed by the learned Additional Sessions Judge-cum-Special Judge In-charge Saharsa, registered under Sections 354(B) of the Indian Penal Code, Section 6/8 of POSCO Act and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The victim in her statement under Section 164 Cr.P.C. has stated that nothing took place against her. However, the people available arrested to one person and took him to the

Patna High Court CR. APP (SJ) No.2316 of 2018 dt.05-11-2018 2/2 police station.

Considering the statement of the victim girl, 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 Courtbelow where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.11.2018 Transmission Date 06.11.2018