Rakesh Rai @ Rakesh Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3488 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -BARGANIA District- SITAMARHI ======================================================
1. Rakesh Rai @ Rakesh Kumar Patel S/o Ramashish Rai, R/o VillageJamua, P.S.- Bairgania, District- Sitamarhi. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Dinesh Jha, Advocate For the Respondent/s : Smt Usha Kumari No-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Additional Sessions Judge, 1st-cum-Special Judge (POCSO Act), Sitamarhi, in connection with Bairgania Police Station Case No.122 of 2017 registered under Sections 372/373/120B/34 of the Indian Penal Code, Sections 3/4/5 of the Immoral Trafficking Protection Act, Sections 8/10/12 of the POCSO Act and Section 3(i)(w)(i)(ii) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It appears that having similar allegation co-accused Pappu Pathak @ Rajiv Kumar has already been allowed bail by a
Patna High Court CR. APP (SJ) No.3488 of 2017 (3) dt.15-01-2018 P2/ coordinate Bench of this Court in Cr. Appeal (SJ) No.3213 of 2017.
Hence, 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 condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, the appeal stands allowed.
(Birendra Kumar, J) Mkr./- U T