Patna High Court
Shobha Yadav vs The State Of Bihar on 24 September, 2018
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3568 of 2018
Arising Out of PS.Case No. -117 Year- 2018 Thana -CHHATAPUR District- SUPAUL
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1. Shobha Yadav S/o Late Sitto Yadav, R/o Vill.- Lalganj, P.S.- Chhatapur,
District- Supaul.
.... .... Appellant/s
Versus
1. The State of Bihar
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Arun, Advocate
For the Respondent/s : Mrs. Usha Kumari No.1, SPP
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 24-09-2018 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 against the refusal of prayer for bail vide order dated 16.08.2018 passed by the learned Additional Sessions Judge-I Supaul, in SC/ST- 80/18, arising out of Chhatapur Police Station Case No.117 of 2018, registered under Sections 493/376/379/427/504/34 of the Indian Penal Code and Section 3(r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
According to complaint based allegation, the appellant was in physical relation with the complainant since last fifteen years as the appellant had promised to marry with her. The appellant is in Patna High Court CR. APP (SJ) No.3568 o f 2018 dt.24-09-2018 P2/ custody since 28.05.2018.
Considering the fact that the complainant was a consenting party, let the appellant, above named, be released on bail after framing of the charge or after two months from today whichever is earlier on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with 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.
Accordingly, the impugned order is set aside and appeal is allowed.
(Birendra Kumar, J) Mkr./-
AFR/NAFR NAFR CAV DATE NA Uploading Date 27.09.2018 Transmission 27.09.2018 Date