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Chhotu @ Roshan Kumar Sinha vs The State Of Bihar on 21 December, 2018

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
Versus
The State Of Bihar
… … Respondent/s

Appearance :

For the Appellant/s : Mr.Pramod Kumar Bhartiya
For the Respondent/s : Smt Usha Kumari No-1

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
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

them.

Patna High Court CR. APP (SJ) No.3872 of 2018 dt.21-12-2018
2/2

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

below.

Accordingly, the impugned order is set aside and

this appeal stands allowed.

(Birendra Kumar, J)
Kundan/Rajan
AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 22.12.2018
Transmission Date 22.12.2018

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