Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3088 of 2018 In Criminal Miscellaneous No.45922 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- RATANPUR District- Supaul ====================================================== Munna Yadav S/o. Dharmdeo Yadav @ Dharm Narayan Yadav, R/v. Lalmanpatti (Kohbara), P.S. Ratanpura, District- Supaul ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ashok Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 10-12-2018 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 against the refusal of prayer for anticipatory bail vide order dated 29.05.2018 passed by the learned Additional Sessions Judge-I, Supaul, in A.B.P. No.554 of 2018, arising out of Ratanpura Police Station Case No.11 of 2018, registered under Sections 341/342/366/506/34 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegation is of kidnapping of the daughter of the informant. The statement of the victim recorded under

Patna High Court CR. APP (SJ) No.3088 of 2018 dt.10-12-2018 2/2 Section 164 Cr.P.C. as well as of the sister of the victim before the police would reveal that matter is of some previous affairs with co-accused Naresh.

Considering the aforesaid 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 Courtbelow 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 Date 11.12.2018 Transmission Date 11.12.2018