Nathu @ Abhay Yadav @ Abhay Kumar Yadav v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1896 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -SABAUR District- BHAGALPUR ===========================================================
1. Nathu @ Abhay Yadav @ Abhay Kumar Yadav, Son of Late Janardan Yadav, Resident of Village- Sultanpur Vitty P.S.- Sabour, District- Bhagalpur. .... .... Appellant/s
Versus
1. The State of Bihar.
2. Anjali Kumar D/o Sukhar Chaudhary, Resident of Village- Sultanpur, P.S. Sabour, District- Bhagalpur.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Devendra Kumar Pandey, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP For respondent No.2 : Mr. Dharmendra Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-09-2018 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 25.04.2018 passed by the learned Special Judge (S.C./S.T. Act), Bhagalpur, in connection with Sabour Police Station Case No.20 of 2018, registered under Sections 341/323/376(2)(f)(i)/504/506/34 of the Indian Penal Code and Section 3(1)(a)(r)(w)(xi)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 6 of the POCSO Act.
Appellant is ready to marry with respondent No.2. Willingness of respondent No.2 to marry with the appellant has been
Patna High Court CR. APP (SJ) No.1896 of 2018 dt.24-09-2018 P2/ communicated to this Court.
Hence, 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 would marry with respondent No.2 within four months from the date of release positively, failing which the Court-below shall be at liberty to cancel the bail-bonds of the appellant and take him in custody. Accordingly, the impugned order is set aside and appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date27.09.2018 Transmission Date 27.09.2018