Rajiv Kumar @ Rajiv v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.386 of 2019 Arising Out of PS. Case No.-888 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== Rajiv Kumar @ Rajiv, Son of- Rampreet Prasad Resident of villageBahadurpur, Housing Colony, M.I.G.-3F, Block No.-10, P.S.-Agamkuan, District- Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Saket Gupta, Advocate.

For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 07-03-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 18.12.2018 passed by the learned Addl. Sessions Judge-IVth -cum-Special Judge, SC/ST (POA) Act, Patna in ABP No. 9176 of 2018 arising out of Agamkuan P.S.Case No. 888 of 2018 registered under Sections 323, 341, 354, 379, 447 and 509/34 of the Indian penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant and other accused persons is that they entered into the house of the informant and abused her by caste name and it is alleged that they also taken

Patna High Court CR. APP (SJ) No.386 of 2019 dt.07-03-2019 2/2 away golden chain with them.

Submission of learned counsel for the appellant is that no specific allegation has been attributed against him rather the same is against other accused persons.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-IVth -cum-Special Judge, SC/ST (POA) Act, Patna in ABP No. 9176 of 2018 arising out of Agamkuan P.S.Case No. 888 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date