Rishikesh Kumar @ Gholta @ Chholta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.771 of 2020 Arising Out of PS. Case No.-53 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== RISHIKESH KUMAR @ GHOLTA @ CHHOLTA S/o Sri Ajay Singh @ Ajay Singh Resident of Village- Panchveer, P.S.- Sahebpur Kamal, DisttBegusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sandip Kumar Gautam, Advocate For the Respondent/s :

Mr.Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-02-2020 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 against the refusal of prayer for bail vide order dated 18.12.2019 passed by the learned Special Judge (S.C./S.T. Act), Begusarai, in connection with Sahebpur Kamal Police Station Case No.53 of 2019, registered under Sections 366/504/506/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of kidnapping of the minor daughter of the informant. The victim has supported the allegation of kidnapping by the appellant. However, she is specific that the appellant did nothing with her.

Patna High Court CR. APP (SJ) No.771 of 2020(2) dt.18-02-2020 2/2 Submission is that in fact the matter is of loveaffairs. Earlier prayer for bail was refused on 14.08.2019. Charges have already been framed during trial and the appellant is in custody since 15.03.2019 and he is ready to cooperate with the trial.

Considering the entire facts aforesaid, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellant shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

(c) The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- U T