IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3872 of 2018
Arising Out of PS. Case No.-114 Year-2018 Thana- BYPASS District- Patna
Chhotu @ Roshan Kumar Sinha, S/o Late Ramesh Kumar Sinha, Resident of
Bhuski Khushrupur, P.S. Khushrupur, District Patna
… … Appellant/s
The State Of Bihar
… … Respondent/s
For the Appellant/s : Mr.Pramod Kumar Bhartiya
For the Respondent/s : Smt Usha Kumari No-1
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
Date : 21-12-2018
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 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for regular bail vide order
dated 04.08.2018 in Special Case No. 177 of 2018 passed by the
learned 4th Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Patna in connection with By-pass P.S.
Case No. 114 of 2018 registered under Section 376 of the Indian
Penal Code as well as Sections 3(2)(v) of the SC/ST Act.
The informant, who is a major girl, was in
physical relation with the appellant as both were working in the
same cultural programme and intimacy had developed between
Patna High Court CR. APP (SJ) No.3872 of 2018 dt.21-12-2018
Submission is that the appellant is in custody
since 21.04.2018. Allegation is under Section 498A of the
Indian Penal Code also.
Considering the fact that the victim was a
consenting party to her relationship with the appellant, let the
appellant, above named, be released on bail 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
Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Birendra Kumar, J)
CAV DATE N.A.
Uploading Date 22.12.2018
Transmission Date 22.12.2018