Mithlesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1353 of 2019 Arising Out of PS. Case No.-113 Year-2018 Thana- MUSRIGHRARI District- Samastipur ====================================================== 1.

Mithlesh Rai, aged about 28 years, Male, Son of Soli Rai @ Surendra Rai Resident of Village- Fatehpur, P.S.- Musrigharari, District- Samastipur. 2.

Ranjan Kumar, aged about 19 years, Male, Son of Bhushan Prasad Singh @ Bhushan Singh Resident of Village- Fatehpur, P.S.- Musrigharari, DistrictSamastipur. 3.

Dipak Singh, aged about 24 years, Male, Son of Late Budhu Singh Resident of Village- Fatehpur, P.S.- Musrigharari, District- Samastipur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Thakur Mr. Shashank Shekhar Mr. Udbhav For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 24-04-2019 Heard learned counsel for the appellants and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 08.03.2019 passed by the learned Special Judge (SC/ST Act), Samastipur in Musrigharari P.S. Case No. 113 of 2018

Patna High Court CR. APP (SJ) No.1353 of 2019 dt.24-04-2019 2/3 registered under Sections 354B and 363/34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Appellants are said to have tried to kidnap the minor daughter of the informant on the vehicle and on alarm raised by the villagers they dropped the victim from the vehicle and fled away.

It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. Appellants have been falsely implicated in the case due to dirty village politics. No offence under Section 354(B) IPC is made out against the appellants. Allegation levelled against the appellants under Section 363 IPC is bailable. Matter has been compromised between the parties. Appellants have been languishing in custody since 08.03.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellants are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (SC/ST Act), Samastipur in connection

Patna High Court CR. APP (SJ) No.1353 of 2019 dt.24-04-2019 3/3 with Musrigharari P.S. Case No. 113 of 2018.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 25.04.2019 Transmission Date 25.04.2019