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Rajesh Maharaj vs The State Of Bihar And Anr on 29 January, 2019

Criminal Appeal (SJ) No.1752 of 2018
Arising Out of PS. Case No.-2 Year-2018 Thana- SC/ST District- Munger

Rajesh Maharaj S/o Ganesh Maharaj, R/o Vill.- Barahiya Shani Mandir Ward
No. 14, P.S.- Barahiya, District- Lakhisarai.

… … Appellant/s

1. The State of Bihar

2. Arati Devi W/o Rajesh Maharaj, D/o Chamaru Paswan Presently resident of
Mohalla Shadipur Town Munger, P.S. Kotwali, District- Munger.

… … Respondent/s

Appearance :

For the Appellant/s : Mr.Om Prakash Maharaj
For the Respondent/s : Smt Usha Kumari No-1

Date : 29-01-2019

This is an appeal under Section 14A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 against the refusal of prayer of anticipatory bail dated

24.04.2018 passed by the learned Sessions Judge, Munger in

ABP No. 346 of 2018 arising out of SC/ST Munger P.S.Case

No. 02 of 2018 registered under Sections 323, 498A and 504/34

of the Indian penal Code and Sections 3(i)(r)(s) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989.

Allegation against the appellant is of subjecting O.P. No.

2 with cruelty and torture with respect to demand and also

ousted her from the house.

Submission of learned counsel for the appellant is that he
Patna High Court CR. APP (SJ) No.1752 of 2018 dt.29-01-2019

has solemnised love marriage with O.P. No. 2 and he is still

ready to keep her but in spite of the aforesaid fact, she is not

ready and also has not appeared before the court below.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and

circumstances, as stated above, let the appellant, in the event of

arrest or surrender before the court below within a period of six

weeks from the date of receipt/production of a copy of this

order, be released on bail upon furnishing bail bond of Rs.

25,000/- (Rupees twenty five thousand) each with two sureties

of the like amount each to the satisfaction of the learned

Sessions Judge, Munger in ABP No. 346 of 2018 arising out of

SC/ST Munger P.S.Case No. 02 of 2018; subject to condition as

laid down under Section 438(2) of the Code of Criminal


Accordingly, the appeal is allowed and the impugned

order is set aside with respect to him.

(Vinod Kumar Sinha, J)


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