Amarjeet Ram @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5663 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== Amarjeet Ram @ Sonu, Son of Tribhuwan Ram, Resident of VillageFulwaria, P.S.- Fulwaria, District- Begusarai. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sandip Kumar Gautam For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-01-2020 A supplementary affidavit has been filed by the learned counsel for the appellant, which is kept in record. Heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State. This appeal, under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, is directed against the order dated 29.11.2019 passed in Fulwaria P.S. Case No. 154 of 2019, whereby and whereunder the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Begusarai, rejected the prayer for grant of bail of the appellant in connection with the aforesaid case registered under Sections 363, 354(A), 354(B), 504 and 506 of the Indian Penal Code and Sections 3(i)(r), (s)
Patna High Court CR. APP (SJ) No.5663 of 2019(2) dt.08-01-2020 2/3 (w)(3)(ii)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The persecution case, in brief, is that the informant, Sweeti Kumari, had gone to market situated at Dindayal Road for purchasing the grocery materials, where Amarjeet Ram (appellant) and Indrajeet Ram, were present with motorcycle and thereafter, Amarjeet Ram (appellant) forcibly took her on motorcycle by putting knife at her private part. Thereafter, Indrajeet Ram started to move the motorcycle in west direction but due to technical fault, motorcycle could not proceed and thereafter, anyhow informant came to her house and narrated the incident to her father. When her father went at the house of petitioner and made complaint but her father was abused denoting his caste name "Julaha".
Learned counsel for the appellant submits that, in fact, there was love affairs in between appellant and informant and when father of the informant came to know this fact, the appellant has falsely been implicated in the present case on instigation of father of the informant. It is further submitted that appellant is in custody since 10.11.2019. Further submission is that regarding the same occurrence, father of the informant has also lodged Fulwaria P.S. Case No. 178 of 2019 on 10.12.2019.
Patna High Court CR. APP (SJ) No.5663 of 2019(2) dt.08-01-2020 3/3 Having considered the facts and circumstances of the case, the impugned order is set aside and this appeal is allowed. Let the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Begusarai. in connection with Fulwaria P.S. Case No. 154 of 2019. Out of two sureties, one surety must be the close relative of the appellant. (Rajendra Kumar Mishra, J) Bhardwaj/- U T