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Pramod Kumar vs The State Of Bihar on 14 December, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4491 of 2018
Arising Out of PS. Case No.-410 Year-2016 Thana- PHULWARISHARIF District- Patna

Pramod Kumar Son of Late Kameshwar Prasad Resident of Village – Nagwan
Derapar, P.S. Jaanipur, Distt. – Patna
… … Appellant/s
Versus
The State of Bihar
… … Respondent/s

Appearance :

For the Appellant/s : Mr. Harendra Kumar
For the Respondent/s : Mr. Sadanand Paswan

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 14-12-2018

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 09.10.2018 in Special Case No. 114(B) of 2017 passed by

the learned 4th Additional Sessions Judge-cum-Special Judge

S.C./S.T. (POA) Act, Patna in connection with Phulwari Sharif

(Jaanipur) P.S. Case No. 410 of 2016 registered under Sections

494, 498A, 341, 323, 306 of the Indian Penal Code as well as

Section 3(1)(x) of the SC/ST Act.

The daughter of the informant was married

with co-accused Amit Kumar. Later on, Amit Kumar, allegedly,

married with some other lady and under frustration, the daughter
Patna High Court CR. APP (SJ) No.4491 of 2018 dt.14-12-2018
2/2

of the informant committed suicide.

The brother of the husband has already been

allowed anticipatory bail by a Coordinate Bench of this Court

vide order dated 01.08.2017 passed in Cr. Appeal (SJ) No. 2048

of 2017 (Annexure-3) and husband of the victim, who faced

trial, has been acquitted due to lake of evidence.

Considering the aforesaid fact, 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/-

AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 15.12.2018
Transmission Date 15.12.2018

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