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Patna High CourtCR. APP (SJ)/121/2018allowed

Ramchalitar Ray @ Ramcharitar Rai v. The State Of Bihar

2018-02-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.121 of 2018 Arising Out of PS.Case No. -429 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramchalitar Ray @ Ramcharitar Rai S/o Late Ramfal Rai, R/o VillageSemra, P.S.- Mufassil, District- East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Vinay Ranjan, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2018 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 regular bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran, Motihari, in Muffasil Police Station Case No.429 of 2017 registered under Sections 147/149/366A/365/504/447/448/342 of the Indian Penal Code and Sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is that he and other coaccused had induced the sister of the informant to go with them for the purpose of marriage.

Patna High Court CR. APP (SJ) No.121 of 2018 (4) dt.09-02-2018 P2/ The victim girl in her statement under Section 164 Cr.P.C. stated that she voluntarily left the house and she had already married with co-accused Sanjay Yadav. Since the victim has not alleged anything against anyone including 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 the aforesaid case, 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) Mkr./- U T