Rajnish Shrivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.504 of 2019 Arising Out of PS. Case No.-8 Year-2017 Thana- MAHILA P.S District- West Champaran ====================================================== Rajnish Shrivastava Son of Rajan Kumar Shrivastava @ Ranjan Shrivastava Resident of Village-Raj compound, Ward no.6, P.S.- Ramnagar, District- West Champaran, through his father (natural Guardian) Rajan Kumar Shrivastava @ Rajan Shrivastava, S/o Lalan Prasad, R/o Village- Narainapur, P.S.- Ramnagar, District- West Champaran.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bimlesh Kumar Pandey For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 29-04-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 30.11.2018 passed by learned 1st Addl. Sessions Judge cum Special Judge, Bettiah, West Champaran in Bagaha Mahila P.S. Case No. 8 of 2017 registered under Sections 376G, 120B of the Indian Penal Code and Sections 3(xii) 2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.504 of 2019 dt.29-04-2019 2/3 One Anjali Kumari is said to have taken the niece of the informant from his house and subsequently kidnapped her along with the accused persons including the appellant for the purpose of marriage with her.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. The appellant has no concern with the aforesaid occurrence. The victim in her statement given before the court has herself stated that on the date of occurrence, she has suo motu left her house to meet her relative at Nawada without informing the informant. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant has no criminal antecedent and has been languishing in custody since 24.05.2018. Said Anjali Kumari has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 10.05.2018 passed in Cr. Appeal (SJ) No. 1120 of 2018.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. APP (SJ) No.504 of 2019 dt.29-04-2019 3/3 learned 1st Addl. Sessions Judge cum Special Judge, Bettiah, West Champaran in Bagaha Mahila P.S. Case No. 8 of 2017. Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2019 Transmission Date 30.04.2019