Sudarshan Mehta vs The State Of Bihar
2021 Latest Caselaw 1155 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.1934 of 2020
      Arising Out of PS. Case No.-16 Year-2020 Thana- MALI District- Aurangabad
======================================================

SUDARSHAN MEHTA, Son of Bhagat Mehta, Resident of Village - Mali, P.S. - Mali, District - Aurangabad.

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mrs. Rupa Kumari, Advocate For the Respondent/s : Ms. Usha Kumari-I, Spl. P.P.. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 26-02-2021

Let the defects be removed within two weeks.

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 24.08.2020 passed by the learned 1st Additional Sessions

Judge-cum-Special Judge, Aurangabad in connection with Mali

P.S. Case No. 16 of 2020 registered under Section 304 of the

Indian Penal Code as well as Sections 3(1)(r),(s), 3(2)(va) of the

SC/ST Act.

The appellant is in custody since 26.04.2020.

Submission is that on the request of the informant, the appellant

had administered injection to his daughter. However, the Patna High Court CR. APP (SJ) No.1934 of 2020 dt.26-02-2021

daughter of the informant died.

Considering the period already undergone by the

appellant and statement on oath that he has got no criminal

antecedent, 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 following

conditions:-

(a) The appellant shall fully cooperate with the

investigation/trial of the case, failing which the learned court

below shall be at liberty to cancel the bail bond of the appellant.

(b) Both the bailors shall be resident of territorial

jurisdiction of the learned court below.

(c) The appellant shall not leave the country

without permission of the learned trial court.

Accordingly, the impugned order is set aside and

this appeal stands allowed.

(Birendra Kumar, J)

Kundan/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date          01.03.2021
Transmission Date       01.03.2021