Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4296 of 2018 Arising Out of PS. Case No.-410 Year-2016 Thana- PHULWARISHARIF District- Patna ====================================================== Nagendra Kumar Son of Chandeshwar Roy, Resident of Village-Nagawa (Derapar),P.S. Janipur,Distt.-Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Pravin Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 13-12-2018 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 vide order dated 09.10.2018 passed by the learned Additional Sessions Judge-IV-cum-Special Judge (S.C./S.T. Act), Patna, in Special Case No.114A of 2017, arising out of Phulwarisharif (Janipur) Police Station Case No.410 of 2016, registered under Sections 494/498A/341/323/306 of the Indian Penal Code and Section 3(I)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The daughter of the informant had entered into an

Patna High Court CR. APP (SJ) No.4296 of 2018 dt.13-12-2018 2/2 inter caste marriage with co-accused Amit Kumar @ Rakesh Kumar. The matrimonial dispute is there between the two as the family members of the bride-groom was not recognizing the marriage. In the circumstances, the daughter of the informant committed suicide.

Submission is that appellant is not named in the FIR nor any specific allegation is there against the family members. 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 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 appeal is allowed.

Mkr./- (Birendra Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 15.12.2018 Transmission Date 15.12.2018