Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1958 of 2018 Arising Out of PS.Case No. -78 Year- 2017 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ===========================================================
1. Santosh Yadav, Son of Sadhu Yadav, Resident of Village- Ushari, P.S.- Kusheshwer Asthan, District- Darbhanga.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Gagan Deo Yadav, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-07-2018 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 07.04.2018 by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Darbhanga, in connection with Kusheshwer Asthan Police Station Case No.78 of 2017 registered under Sections 341,323,376,511,504,34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The FIR would reveal that the appellant and another allegedly attempted to commit rape against the
Patna High Court CR. APP (SJ) No.1958 of 2018 dt.13-07-2018 2/2 informant. However, the petition filed by the informant before the learned court below vide Annexure-3 reveals that for land dispute at the instigation of others, she has lodged the case. Appellant is in custody since 29.03.2018.
Considering the aforesaid fact, 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 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 Date16.07.2018 Transmission Date 16.07.2018