Raj Kishor Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.737 of 2016 Arising Out of PS.Case No. -298 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Raj Kishor Rai, Son of Late Devlal Rai, Resident of Village & P.O.- Belwar Police Station- Belsar (O.P.), District- Vaishali. .... .... Appellant

Versus

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

For the Appellant/s : Mr. Kaushal Kishor, Advocate Md. Azimuddin, Advocate For the Respondent/s : Smt. Abha Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-12-2016 The appellant is aggrieved by an order dated 26.07.2016 passed by learned Addl. Sessions Judge-1st, Vaishali at Hajipur in connection with Vaishali (Belsar) P.S. Case No. 298 of 2015 whereby his application for grant of regular bail has been rejected.

The said First Information Report has been registered for the offence punishable under Section 366A of the Indian Penal Code and Section 3(x)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as well as POCSO Act.

The appellant is father of Anil Kumar Rai who is said to be the main accused. It has been submitted that so far as the appellant is concerned, he has been wrongly implicated only

Patna High Court CR. APP (SJ) No.737 of 2016 (3) dt.09-12-2016 2/2 because he is father of said Anil Kumar Rai. It has been submitted that said Anil Kumar Rai and victim have already been solemnized marriage and allegation of kidnapping is incorrect. Be that as it may, in the facts and circumstances of the case and of the view that learned court below ought to have exercised discretion by granting regular bail to the appellant, the impugned order dated 26.07.2016 passed by learned Addl. Sessions Judge-1st, Vaishali at Hajipur is accordingly set aside. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 298 of 2015.

(Chakradhari Sharan Singh, J.) ravi/- U T