Rahul Thakur @ Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3570 of 2017 Arising Out of PS.Case No. -334 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rahul Thakur @ Rahul Singh, S/o Sant Bachha Prasad Thakur @ Bachha Thakur, R/o Village- Areraj Khajuriya, P.S.- Govindganj, District- East Champaran.

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Manish Kumar -3, Adv. For the Respondent/s : Mr. Binay Krishna. SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A 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, S.C./S.T.(POA) Act, East Champaran, Motihari, in connection with Sessions Trial No. 138 of 2016 arising out of Harsidhi P.S.Case No. 334 of 2015 registered under Sections 302,120(B) of the Indian Penal Code and Section 3(ii) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant is in custody since 22.09.2015. Allegation in the FIR is that since the appellant and

Patna High Court CR. APP (SJ) No.3570 of 2017 (3) dt.16-01-2018 others had threatened to the husband of the informant to kill and subsequently the dead body of the husband of the informant was found. The appellant and others are under suspicion. Considering the period already undergone by the appellant, let the 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 Sessions Trial No. 138 of 2016 arising out of Harsidhi P.S.Case No. 334 of 2015, 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 appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T