Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3207 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -MAHILA PS District- AURANGABAD ======================================================

1. Raj Kumar S/o Sri Bhuletan Sao resident of village Bihta, p/s Haspura, post Shekhpura, District Aurangabad (Bihar), PIN Code No. 824114. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rakesh Kumar Verma, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2018 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 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Aurangabad, in connection with Mahila Police Station Case No.9 of 2017 registered under Sections 341/342/376D/506 of the Indian Penal Code, Section 4 of the POCSO Act and Sections 3(1)(r)(s)/3(1)(w)(ii)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The victim girl has not stated anything against the appellant in her statement under Section 164 Cr.P.C. Considering the statement of the victim, let the

Patna High Court CR. APP (SJ) No.3207 of 2017 (5) dt.29-03-2018 P2/ 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 impugned order is set aside and appeal is allowed.

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