Kundan Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.569 of 2018 Arising Out of PS.Case No. -147 Year- 2016 Thana -HALSI District- LAKHISARAI ====================================================== Kundan Kewat, Son of Sahdeo Kewat, Resident of Village - Kusumtar, P.S. Halsi, District Lakhisarai .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2018 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 by the learned Additional Sessions Judge-I, Lakhisarai in Halsi P.S. Case No. 147 of 2016 registered under Sections 366A/34 of the Indian Penal Code, Section 3(I)(r)/2(va) of the SC/ST Act and Section 8 of the Protection of Children from Sexual Offenses Act, 2012. Allegation against the appellant and other named persons is of kidnapping of the minor daughter of the informant. The victim in her statement under Section 164 Cr.P.C. has not leveled any allegation against anyone, rather she

Patna High Court CR. APP (SJ) No.569 of 2018 (2) dt.26-02-2018 2/2 had alleged something against the informant.

Considering the statement of the victim, 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 condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T