Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3472 of 2018 Arising Out of PS.Case No. -45 Year- 2016 Thana -MAHILA P.S. District- PATNA =========================================================== Rohit Kumar, S/o Dilip Singh @ Dilip Kumar Singh, Resident in the house of Rajendra Prasad Singh in Mohalla R.P.S. More, Lane No. 21, P.S. Danapur, District - Patna.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant : Mr. Bhaskar Shankar, Advocate For the Respondent : Mr. Sadanand Paswan, S.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 08-10-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 09.08.2018 in Special Case No. 307 of 2016 arising out of Mahila P.S. Case No. 45 of 2016 passed by the learned 4th Additional Sessions Judge-cumSpecial Judge S.C./S.T. (POA) Act, Patna in connection with the aforesaid case registered under Sections 498A/34 of the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act as well as Section 3(i)(x)(xi) of the SC/ST Act.

The informant had entered into marriage with the appellant after friendship of 8 years. Marriage was not recognized by

Patna High Court CR. APP (SJ) No.3472 of 2018 dt.08-10-2018 2/2 the family members and in that situation, the FIR has come up. Appellant is in custody since 19.06.2018. Investigation of the case is complete now.

Learned counsel for the informant opposed the prayer for bail.

Considering the facts of this and period already undergone, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 09.10.2018 Transmission Date 09.10.2018