Usha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2119 of 2018 Arising Out of PS.Case No. -182 Year- 2018 Thana -MINAPUR District- MUZAFFARPUR ===========================================================

1. Usha Devi, W/o Laljee Singh,

2. Anil Kumar, S/o Laljee Singh, Both are resident of Village- Hajaratpur, P.S.- Minapur, District- Muzaffarpur.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Pawan Kumar Singh, Adv For the Respondent/s : Mr. Sadanand Paswan, 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 28.05.2018 by the learned Special Judge, Excise Judge, Muzaffarpur, in connection with Minapur Police Station Case No.182 of 2018 registered under Sections 365,366A/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The informant came to know that co-accusedNitesh Kumar had induced his daughter to go with him with intent to marry with her. The appellants are mother and elder brother of Nitesh Kumar. Allegation is of commission of abuse

Patna High Court CR. APP (SJ) No.2119 of 2018 dt.02-07-2018 2/2 and assault.

Considering the nature of allegation against the appellants, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each 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 appellants 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 appellants. 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