Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3205 of 2017 Arising Out of PS.Case No. -326 Year- 2012 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Rajiv Kumar son of Shio Dyal Sah resident of Village Aphaur, P.S. Khaira, District - Saran.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned Special Judge (S.C./S.T.), Saran at Chapra in SC/ST Tr. No. 220 of 2017 arising out of Chapra Town P.S. Case No. 326 of 2012 registered under Sections 364/365 of the Indian Penal Code.

The appellant and co-accused Om Prakash Singh are alleged to have kidnapped to Anju Kumari, aged about 20 years, for old dispute between the parties.

Submission is that Om Prakash Singh has already been allowed bail by a Coordinate Bench of this Court vide order dated 21.03.2014 passed in Cr. Misc. No. 5008 of 2014, vide

Patna High Court CR. APP (SJ) No.3205 of 2017 (4) dt.09-01-2018 2/2 Annexure-2.

Considering the aforesaid fact, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T