Patna High Court
Amar Kumar vs The State Of Bihar on 25 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 385 of 2021
Arising Out of PS. Case No.-167 Year-2020 Thana- AAJAM NAGAR District- Katihar
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AMAR KUMAR Son of Late Jagdeo Sharma R/O- Budhelmani, P.S.-
Azamnagar, Distt. - Katihar
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Sanjeev Kumar Singh, Advocate
For the Respondent/s : Mr Binay Krishna, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 25-02-2021
Heard learned counsel for the appellant and the learned
Special PP for the State.
2 The appellant has preferred the present Appeal under
Section 14 - A (2) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for brevity, SC/ST Act) against
the refusal of his prayer for regular bail vide order dated 24.09.2020
passed by Additional Sessions Judge I -cum- Special Judge, Katihar in
a case registered under Sections 366A, 120B of Indian Penal Code
and Sections 3 (i) (r) (s)/3 (2) of SC/ST Act in connection with
Azamnagar Police Station (for brevity, PS) Case No 167 of 2020.
3 The prosecution case is that the informant's daughter has
been abducted by the named accused persons including the appellant.
They have abused the informant by caste. It is also alleged that she
was wearing ornaments which also have been taken away.
4 Appellant's counsel submits that the appellant has no
criminal antecedent. In fact, the daughter of the informant has
Patna High Court CR. APP (SJ) No.385 of 2021 dt.25-02-2021
solemnized marriage with one Govind Sharma. The marriage
certificate is enclosed as Annexure 2. The implication of the appellant
is only on the basis of suspicion and on extraneous considerations.
During course of investigation also, none has supported the
prosecution case. The appellant is in custody since 25.08.2020.
5 Learned Special PP has opposed the prayer for bail.
6 Considering the rival submissions, this appeal is allowed.
The impugned order dated 24.09.2020 passed by Additional Sessions
Judge I -cum- Special Judge, Katihar in connection with Azamnagar
PS Case No 167 of 2020 is set aside.
7 Let the appellant above named be released on bail on his
furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of Additional
Sessions Judge I -cum- Special Judge, Katihar in Azamnagar Police
Station Case No 167 of 2020 subject to the following conditions:
(1) That one of the bailors will be a close relative of the
appellants who will give an affidavit giving genealogy as to how he is
related with the appellant. The bailor will also undertake to inform the
Court if there is any change in the address of the appellant.
(2) That the appellant will be well represented on each date
and if he fails to do so on two consecutive dates, his bail will be liable
to be cancelled.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.02.2021
Transmission Date 26.02.2021
