Pankaj Thathera @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1643 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -SC/ST District- SASARAM (ROHTAS) ===========================================================

1. Pankaj Thathera @ Pankaj Kumar, son of Jai Ram Sah, resident of VillageStation Road, Rajbhog Street, Dehri, District Rohtas. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sada Nand Roy, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 07-08-2018 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 11.04.2018 passed by the learned Additional Sessions Judge-I, Rohtas at Sasaram, in A.B.P. No.497 of 2018, arising out of SC/ST Dehri Police Station Case No.9 of 2018, registered under Sections 341/323/448/354/506 of the Indian Penal Code and Sections 3(i) (r)(s)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR would reveal the allegation is of one-sided love by the appellant with the informant and harassment to the informant against her desire.

Patna High Court CR. APP (SJ) No.1643 of 2018 dt.07-08-2018 P2/ Learned counsel for the appellant submits that the matter is of love-affairs. The informant was also writing letter to the appellant showing her love which would be evident from a copy of the letter produced in Court.

Considering the entire facts, 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 bonds 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, 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/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 stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date10.08.2018 Transmission Date 10.08.2018