Ashok Pandey @ Ashok Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.342 of 2018 Arising Out of PS.Case No. -371 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Ashok Pandey @ Ashok Kumar Pandey, S/o Late Ram Bilash Pandey, Resident of Mohalla- Kuraich Gaulakashni, P.S.- Sasaram (T), DistrictRohtas. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant : Mr. Bhaskar Shankar For the Respondent : Mr. Binay Krishna For the Res. No. 2 : Mr. Rajani Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Rohtas at Sasaram in Sasaram (T) P.S. Case No. 371 of 2017 registered under Sections 406, 420, 376, 354 of the Indian Penal Code as well as Sections 3(x)(xi) of the SC/ST Act. Allegation against the appellant is of physical exploitation of the complainant on different pretexts. Submission of the learned counsel for the appellant is that the appellant is a Recovery Officer in the bank. The complainant is already a married lady. She had taken loan from

Patna High Court CR. APP (SJ) No.342 of 2018 (3) dt.16-02-2018 2/2 the bank and just to pressurize for non-recovery of the loan already granted, she has lodged the false case. Learned counsel for the complainant opposed the prayer for bail.

Considering the background and nature of allegation, 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T