IN THE HIGH COURT OF JUDICATURE AT PATNA
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
For the Appellant/s : Mr.Om Prakash Maharaj
For the Respondent/s : Smt Usha Kumari No-1
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
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)