Suman Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5896 of 2019 Arising Out of PS. Case No.-407 Year-2016 Thana- SIKARPUR District- West Champaran ====================================================== SUMAN MAHTO Son of Krishna Mahto Resident of Village- Sofwa, P.S.- Shikarpur, District- East Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Umesh Chandra Verma, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2020 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 02.12.2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Bettiah, West Champaran, in connection with Shikarpur Police Station Case No.407 of 2016, registered under Sections 4 and 6 of the POCSO Act and Sections 3(2)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering the deposition of the victim girl as PW-1, a copy at Annexure-1 to the supplementary affidavit, wherein she has not alleged anything against the appellant, let the appellant, above named, be released on bail on

Patna High Court CR. APP (SJ) No.5896 of 2019(4) dt.13-02-2020 2/2 furnishing bail bond 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, 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 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 appeal is allowed.

(Birendra Kumar, J) Mkr./- U T