Sajan @ Sarjan @ Sarjan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5545 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- MANIHARI District- Katihar ====================================================== SAJAN @ SARJAN @ SARJAN KHAN Son of Asfaq Khan Resident of Village - Nawabganj, P.S.- Manihari, Distt.- Katihar. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjeev Kumar Singh, Advocate.

For the Respondent/s :

Mr.Sadanand Paswan, Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-02-2020 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 07.11.2019 passed by the learned 1st Addl. Sessions Judge cum Special Judge, Katihar in Manihari P.S. Case No. 82 of 2019 registered under Section 365/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Statement of the victim girl would reveal that she had alleged that the appellant who was her friend served her some intoxicating substance and took her to his room, however nothing otherwise took place against her.

Considering the statement of the victim and the statement of the learned counsel for the appellant that the matter

Patna High Court CR. APP (SJ) No.5545 of 2019(3) dt.03-02-2020 2/2 is of love affairs, investigation of the case is already complete and the appellant is in custody since 07.11.2019, let the appellant, above named, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) each 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 following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T