Patna High CourtCR. APP (SJ)/2124/2018allowed

Sangram Singh v. The State Of Bihar

2018-07-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2124 of 2018 Arising Out of PS.Case No. -36 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ===========================================================

1. Sangram Singh, Son of Late Bali Singh Resident of Village- Bahora Bigha, Police Station- Muffasil, District- Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Manish Kumar No.2, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 02-07-2018 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 bail by order dated 23.05.2018 by the learned Special Judge, Exclusive Special Court, (S.C./S.T. Act), Gaya, in connection with Gaya Muffassil Police Station Case No.36 of 2017 registered under Sections 302,379 and 34 of the Indian Penal Code, and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The husband of the informant had gone alongwith the appellant on 17.11.2016. The dead body of the husband of the informant was noticed on 18.11.2016. Initially, the

Patna High Court CR. APP (SJ) No.2124 of 2018 dt.02-07-2018 2/2 informant thought that this was a case of natural death. After about more than two months, she lodged the FIR, suspecting that the appellant has committed the murder.

Considering the aforesaid fact, 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.07.2018 Transmission Date 03.07.2018