Patna High CourtCR. APP (SJ)/1937/2017allowed

Sangam Rai v. The State Of Bihar

2017-08-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1937 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Sangam Rai, aged about 18 years, son of Maheshwar Rai, Resident of Village- Jitwarpur, P.S.- Muffasil, District- Samastipur. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Raja Ram Mishra, Advocate For the Respondent/s : Smt Usha Kumari No-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard the parties. The appellant seeks regular bail in connection with Samastipur Muffasil P.S.Case No. 40 of 2017 registered for offences punishable under Sections 341, 354 (C ), 354 (D), 504, 506 of the Indian Penal Code and 3 (1) (W) of the SC/ST (POA) Act.

Allegation against the appellant is that he used to vex her and her younger sister and demanded Mobile number. It has been submitted on behalf of the appellant that present case has been lodged against him in retaliation of counter case as Samastipur Muffasil P. S. Case No. 61 of 2017, which was lodged by the elder sister of the informant on instigation of her

Patna High Court CR. APP (SJ) No.1937 of 2017 (4) dt.31-08-2017 2/2 father. It is also submitted that the statement under Section 164 Cr.P.C. the mother of the victim has not supported the prosecution case and he is in custody since 25.02.2017.

Heard learned Special P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed. Let, the appellant above named, be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Samastipur in connection with Samastipur Muffasil P.S.Case No. 40 of 2017 with a condition that the appellant did not make any threat or harass to the informant.

(Vinod Kumar Sinha, J) Sudha/- U T