IN THE HIGH COURT OF JUDICATURE AT PATNA
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
… … Appellant/s
The State of Bihar
… … Respondent/s
For the Appellant/s : Mr. Pravin Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
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)
CAV DATE NA
Uploading Date 15.12.2018
Transmission Date 15.12.2018