Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2061 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- JAMOBAZAR District- Siwan ====================================================== RAJAN KUMAR Son of Late Arjun Prasad Resident of Village - Jamo Bazar, P.S.- Jamo Bazar, District-Siwan ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pramod Kumar Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 05-07-2019 Heard learned counsel for the appellant 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 08.04.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge, Siwan in Jamo Bazar P.S. Case No. 29 of 2019 registered under Sections 363, 366A, 323, 504 and 506/34 of the Indian Penal Code and Section 3(i)(r)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant along co-accused namely Raju Kumar Singh are said to have kidnapped the minor daughter of the

Patna High Court CR. APP (SJ) No.2061 of 2019(3) dt.05-07-2019 2/3 informant with intent to perform marriage with her. When the informant approached the appellant and his family members to quiz about the occurrence, they made him to leave the house slating him in the name of his caste and also assaulting. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Victim in her statement recorded under Section 164 Cr.P.C. has candidly stated that she left her house along with Raju Kumar Singh and performed marriage with him in Thawe temple out of her sweet will. Thereafter both went to Punjab. Appellant has been falsely implicated in the case merely because he happens to be friend of Raju Kumar Singh. He has no concern with the aforesaid occurrence. He has no criminal antecedent and has been languishing in custody since 17.02.2019.

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

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge, Siwan in connection with Jamo Bazar P.S. Case No. 29 of 2019.

Patna High Court CR. APP (SJ) No.2061 of 2019(3) dt.05-07-2019 3/3 Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T