Amresh Kumar Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1102 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -AMAS District- GAYA ======================================================
1. Amresh Kumar Yadav, son of Munni Yadav, resident of VillageKalwan, P.S. Amas, District Gaya. .... .... Appellant/s
Versus
1. The State of Bihar.
2. Dulari Devi, wife of Late Ram Janam Manjhi, resident of Village- Bija, P.S. Dobhi, District- Gaya.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. S. Jamil Akhtar, Adv For the Respondent/s : Mr. Smt Usha Kumari No-1,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2018 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 Special Judge S.C./S.T., Gaya, in connection with Amas Police Station Case No.33 of 2018 registered under Section 376 of the Indian Penal Code and Sections 3(i)(v)(s)(i)(ii)(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation against the appellant is of physical relation with the informant on the pretext of marriage. Submission is that the informant is a major and she is a consenting party. Appellant is in custody since
Patna High Court CR. APP (SJ) No.1102 of 2018 (4) dt.11-04-2018 30.01.2018.
Considering the entire facts aforesaid, let the appellant, above named, be released on bail on completion of six months of custody or after framing of the charge whichever is earlier 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 the aforesaid case, 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.
(Birendra Kumar, J) Nitesh/- U T