Kaliya Patar @ Moha Patar vs The State Of Jharkhand
2021 Latest Caselaw 718 Jhar

         IN THE       HIGH COURT OF JHARKHAND AT                                      RANCHI
                       Criminal Appeal (DB) No. 216 of 2020

         1. Kaliya Patar @ Moha Patar
         2. Renu Patar @ Shelu Patar                              .....   ...      Appellants
                                          Versus
         The State of Jharkhand.                            .....           ...      Respondent
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         CORAM         :   HON'BLE MR. JUSTICE H. C. MISHRA
                           HON'BLE MR. JUSTICE RAJESH KUMAR
                                    -------
         For the Appellants    :    Mr. Soumitra Baroi, Advocate
         For the State         :    Mr. P.K. Jaiswal, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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I.A. No. 2675 of 2020

5/ 15.02.2021 Heard learned counsel for the appellants and learned counsel for the State on the interlocutory application filed by the appellants for granting bail during the pendency of this appeal.

The appellants have been convicted and sentenced for the offences under Sections 366 / 34 of the Indian Penal Code.

Though there is allegation against the appellants to have taken away the victim girl along with them, but it is apparent that the case has been instituted on the basis of the complaint filed by the mother of the victim. In course of enquiry, the statement of the victim was also recorded under Section 202 Cr.P.C., but the impugned Judgment shows that she never turned up for her evidence after charge. The appellants were on bail during trial.

In the facts of this case, we are inclined to release the appellants, Kaliya Patar @ Moha Patar and Renu Patar @ Shelu Patar, on bail. Accordingly, the appellants, named above, are directed to be released on bail, during the pendency of the appeal, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-I, Ghatshila, in connection with S.T. No. 58 of 2018.

This interlocutory application is accordingly, allowed.

(H. C. Mishra, J.)

(Rajesh Kumar, J.) R.Kr.