Awadhesh @ Abadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3398 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -RAHIKA District- MADHUBANI ====================================================== Awadhesh @ Abadhesh Yadav Son of Sita Ram Yadav Resident of Village - Kothiya, Police Station - Hathori, District - Samastipur. .... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Bimal Kumar, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge, Madhubani, in connection with Rahika Police Station Case No.22 of 2017 corresponding to G.R.No.10 of 2017 registered under Sections 363,366(A)120(B) 34 of the Indian Penal Code and Section 4 POCSO Act as well as Sections 3(I)(X)3(III)(W)3(2)(VA) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Appellant is in custody since 25.03.2017 having allegation that he induced the minor daughter of the informant to go with him. The victim in her statement under Section 164

Patna High Court CR. APP (SJ) No.3398 of 2017 (3) dt.05-01-2018 Cr.P.C. levelled allegation that the appellant had induced her to go with him and had expressed desire to marry with her. She has not stated anything more against the appellant.

Considering the nature of allegation and the period already undergone by the appellant, 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 Rahika Police Station Case No.22 of 2017 corresponding to G.R.No.10 of 2017, 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