Patna High CourtCR. APP (SJ)/2388/2018allowed

Narain Giri v. The State Of Bihar

2018-07-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2388 of 2018 Arising Out of PS.Case No. -44 Year- 2016 Thana -SC/ST District- SASARAM (ROHTAS) ===========================================================

1. Narain Giri, Son of Singasan Giri, Resident of Village- Baruna, Police StationNatwar, District- Rohtas at Sasaram. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Aditya Nath Pandey, 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 26.05.2018 by the learned 1st Additional District and Sessions Judge, Rohtas at Sasaram, in connection with Registered Case No. 229 of 2017 arising out of SC/ST Dehri Police Station Case No.44 of 2016 registered under Sections 341,323,376,511,379,504/34 of the Indian Penal Code and Section 3(I)(r)(s)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For the occurrence dated 04.07.2016, the nephew of the appellant had lodged Natwar P.S.Case No.51 of 2016

Patna High Court CR. APP (SJ) No.2388 of 2018 dt.13-07-2018 2/2 against the husband of the informant and others. Thereafter, for the occurrence of same date, the present FIR was lodged on 06.07.2016 with allegation that the appellant allegedly attempted to commit rape against the informant. Appellant is in custody since 13.05.2018.

Considering the background of allegation, 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