Rakesh Kumar Ravi @ Rinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1204 of 2020 Arising Out of PS. Case No.-33 Year-2020 Thana- SIRDALA District- Nawada ====================================================== RAKESH KUMAR RAVI @ RINKU Son of Late Mundrika Prasad Resident of Village - Hemraj Kurha, P.S. - Sirdala, District - Nawada. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Deepak Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2021 Heard learned counsel for the appellant and learned Special P.P. for the State.

The matter relates to grant of anticipatory bail to the appellant in connection with a case registered for the offences under Sections 354, 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the SC/ST (Prevention of Atrocities) Act, 1989.

The prosecution case, in short is that the appelalnt along with two unknown persons came at the house of the informant and threatened and misbehaved with her and also abused the informant by taking her caste name.d snatched their ornaments.

It has been submitted on behalf of the appellant that

Patna High Court CR. APP (SJ) No.1204 of 2020(2) dt.20-02-2021 2/3 the appellant has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. The alleged occurrence is said to have taken place due to petty dispute. Due to previous enmity the appellant has been made accused in the present case. The alleged occurrence has not taken place within public view. Hence no offence under the SC/ST Act is attracted in the present case. On behalf of the State, it is submitted that the appellant is named in the F.I.R.

In view of the aforesaid facts and circumstances, the order dated 27.02.2020, passed by the learned Special Judge (SC/ST Prevention of Atrocities Act)-cum-First Additional District and Sessions Judge, Nawada vide A.B.P. No.247 of 2020 in connection with Sirdala P.S. case No.33 of 2020, is set aside. The criminal appeal is allowed.

Accordingly, the appellant, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (SC/ST Prevention of Atrocities Act)-cum-First

Patna High Court CR. APP (SJ) No.1204 of 2020(2) dt.20-02-2021 3/3 Additional District and Sessions Judge, Nawada in connection with Sirdala P.S. case No.33 of 2020.

(Sudhir Singh, J) Narendra/- U T