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
The State of Bihar
… … Respondent/s
For the Appellant/s : Mr. Harendra Kumar
For the Respondent/s : Mr. Sadanand Paswan
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
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
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
Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Birendra Kumar, J)
CAV DATE N.A.
Uploading Date 15.12.2018
Transmission Date 15.12.2018