Patna High CourtCR. APP (SJ)/2591/2018allowed

Rakesh Kumar Yadav v. The State Of Bihar

2018-12-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2591 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- MANJHI District- Saran ====================================================== Rakesh Kumar Yadav, S/o Sadan Yadav, R/o Village- Fatehpur, P.S.- Manjhi, District- Saran at Chapra.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Vibhakar Kumar For the Respondent/s :

Mr. Sri Sadanand Paswan For the Informant :

Mr. Sunil Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 18-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 07.06.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge, S.C./S.T. Act, Saran at Chapra in Manjhi Police Station Case No.73 of 2018 registered under Sections 341, 323, 504, 506, 376/34 of the Indian Penal Code as well as Section 4 of the POCSO Act and Sections 3(2)(va), 3(i)(r)(W) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The allegation is of physical abuse on the pretext of marriage.

Patna High Court CR. APP (SJ) No.2591 of 2018 dt.18-12-2018 2/2 Learned counsel for the informant is appearing. Submission of the parties is that both have already married and they have compromised the case.

Considering the aforesaid fact, let the appellant, above named, 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 learned court below where the case is pending in connection with the aforesaid case, subject to the 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 this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 20.12.2018 Transmission Date 20.12.2018