Sanjit Kumar @ Sanjit Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2794 of 2018 Arising Out of PS. Case No.-290 Year-2013 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sanjit Kumar @ Sanjit Singh, S/o Ram Sakha Singh, R/o Vill. - Diyanatpur Patelia, P.S. - Bibhutipur, District - Samastipur. ... ... Appellant/s
Versus
1. The State of Bihar.
2. Urmila Devi, W/o Lalo Ram, R/o Vill.- Deyanatpur Patelia, P.S.- Bibhutipur, District- Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Vijay Anand For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 20-11-2018 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 anticipatory bail vide order dated 06.03.2018 in A.B.P. No. 153 of 2018 passed by the learned 1st Additional Sessions Judge, Samastipur in connection with Bibhutipur P.S. Case No. 290 of 2013 registered under Sections 363, 364, 120B of the Indian Penal Code as well as Section 3(x) of the SC/ST Act.
Allegation against the appellant is that he induced to the minor son to go with him and thereafter the son of the informant was missing.
Patna High Court CR. APP (SJ) No.2794 of 2018 dt.20-11-2018 2/3 Submission of the learned counsel for the appellant is that the informant has stated in the petition filed subsequently before the court below that her son was some what of slow mind and on several occasion, he had left the house in the past sometimes for 15 days and sometimes for months and thereafter returned. She had appeared before the court below and accepted the factum of compromise.
This Court had noticed to the informant-opposite party no. 2, however, in spite of notice, she had not appeared. Considering the facts of this case aforesaid, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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 within the
Patna High Court CR. APP (SJ) No.2794 of 2018 dt.20-11-2018 3/3 territorial jurisdiction of the learned court below. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/Rajan AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 26.11.2018 Transmission Date 26.11.2018