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Judgments of Supreme Court of India and High Courts

Nagendra Kumar vs The State Of Bihar on 13 December, 2018

Criminal Appeal (SJ) No.4296 of 2018
Arising Out of PS. Case No.-410 Year-2016 Thana- PHULWARISHARIF District- Patna

Nagendra Kumar Son of Chandeshwar Roy, Resident of Village-Nagawa
(Derapar),P.S. Janipur,Distt.-Patna

… … Appellant/s
The State of Bihar

… … Respondent/s

Appearance :

For the Appellant/s : Mr. Pravin Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP

Date : 13-12-2018

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 against the refusal of prayer for bail vide

order dated 09.10.2018 passed by the learned Additional

Sessions Judge-IV-cum-Special Judge (S.C./S.T. Act), Patna, in

Special Case No.114A of 2017, arising out of Phulwarisharif

(Janipur) Police Station Case No.410 of 2016, registered under

Sections 494/498A/341/323/306 of the Indian Penal Code and

Section 3(I)(X) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

The daughter of the informant had entered into an
Patna High Court CR. APP (SJ) No.4296 of 2018 dt.13-12-2018

inter caste marriage with co-accused Amit Kumar @ Rakesh

Kumar. The matrimonial dispute is there between the two as

the family members of the bride-groom was not recognizing

the marriage. In the circumstances, the daughter of the

informant committed suicide.

Submission is that appellant is not named in the FIR

nor any specific allegation is there against the family members.

Considering the aforesaid fact, let the appellant,

above named, be released on bail on 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 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.

Accordingly, the impugned order is set aside and

appeal is allowed.

Mkr./- (Birendra Kumar, J)
Uploading Date 15.12.2018
Transmission Date 15.12.2018

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