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Patna High CourtCR. APP (SJ)/1753/2018dismissed

Surendra Singh @ Surendra Kumar Singh And ANR v. The State Of Bihar

2018-08-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1753 of 2018 Arising Out of PS.Case No. -198 Year- 2017 Thana -IMAMGANJ District- GAYA ===========================================================

1. Surendra Singh @ Surendra Kumar Singh, S/o Late Brij Mohan Singh @ late Braj Mohan Singh,

2. Narendra Singh S/o Late Brij Mohan Singh @ late Braj Mohan Singh, Both are R/o Vill.- Ajan, P.S.- Madanpur, District- Aurangabad. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Bhaskar Shankar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 02-08-2018 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 anticipatory bail vide order dated 27.04.2018 passed by the learned Special Judge (SC/ST Act), Gaya, in A.B.P. No.88 of 2018, arising out of Imamganj Police Station Case No.198 of 2017, registered under Sections 302/364/120B/34 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Deceased Subodh Paswan, the nephew of the informant, fell in love with the widow daughter-in-law of appellant Surendra

Patna High Court CR. APP (SJ) No.1753 of 2018 dt.02-08-2018 P2/ Singh and married with her. Both were residing at different place as the marriage was not liked by the society people as well as family members of the girl. The appellants and others were pressurizing for returning girl to her paternal family and in that wake murder of Subodh Paswan was committed. Suspicion is against the appellants. One of the witnesses Shankar Paswan has stated before the police that in his presence the daughter-in-law of appellant No.1 by calling on mobile enquired from appellant No.1, the reason for abduction of her husband and informed that she would return back in the event of his release.

After hearing the parties and finding strong suspicious material against the appellants, I am not inclined to enlarge the appellants on anticipatory bail.

Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date06.08.2018 Transmission Date 06.08.2018