IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3472 of 2018
Arising Out of PS.Case No. -45 Year- 2016 Thana -M AHILA P.S. District- PATNA
Rohit Kumar, S/o Dilip Singh @ Dilip Kumar Singh, Resident in the house o f
Rajendra Prasad Singh in Mohalla R.P.S. More, Lane No. 21, P.S. Danapur, District
…. …. Appellant/s
1. The State of Bihar.
…. …. Respondent/s
For the Appellant : Mr. Bhaskar Shankar, Advocate
For the Respondent : Mr. Sadanand Paswan, S.P.P.
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
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 09.08.2018 in
Special Case No. 307 of 2016 arising out of Mahila P.S. Case No. 45
of 2016 passed by the learned 4th Additional Sessions Judge-cum-
Special Judge S.C./S.T. (POA) Act, Patna in connection with the
aforesaid case registered under Sections 498A/34 of the Indian Penal
Code, Section 3/4 of the Dowry Prohibition Act as well as Section
3(i)(x)(xi) of the SC/ST Act.
The informant had entered into marriage with the
appellant after friendship of 8 years. Marriage was not recognized by
Patna High Court CR. APP (SJ) No.3472 o f 2018 dt.08-10-2018
the family members and in that situation, the FIR has come up.
Appellant is in custody since 19.06.2018. Investigation of the case is
Learned counsel for the informant opposed the prayer
Considering the facts of this and period already
undergone, 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)
CAV DATE N.A.
Uploading Date 09.10.2018