Suchit Yadav @ Sochit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No. 3716 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -MORKAHI District- KHAGARIA ===========================================================
1. Suchit Yadav @ Sochit Yadav, S/o Lakho Yadav, R/o Vill. - Anandpur Paras, Musahari School Tola, P.S. - Morkahi, District - Khagaria. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Ranjeet Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, S.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-11-2018 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 05.09.2018 in Morkahi P.S. Case No. 01 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Khagaria in connection with the aforesaid case registered under Sections 376, 511 of the Indian Penal Code as well as Section 3(i)(r)w(i)(ii) of the SC/ST Act.
Submission is that father of the appellant had purchased a land from Prahalad Tulsiyan. From another agnate of said Prahalad Tulsiyan, the father-in-law of the informant purchased the
Patna High Court CR. APP (SJ) No.3716 of 2018 dt.06-11-2018 2/2 same property and in the background of the said property dispute allegation is that the appellant attempted to ravish the informant. However, the family members came and managed his escape. Appellant is in custody since 18.08.2018. Appellant has got no criminal antecedent.
Considering the entire facts of the case and the background of allegation, let the appellant, above named, be released on bail on completion of four months of custody 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 08.11.2018 Transmission Date 08.11.2018