SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

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

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
Versus

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

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL JUDGMENT
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
2/2

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

Procedure.

Accordingly, the appeal is allowed and the impugned

order is set aside with respect to him.

(Vinod Kumar Sinha, J)

sujit/-

AFR/NAFR
CAV DATE
Uploading Date
Transmission Date

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation