Rakesh Kumar @ Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3291 of 2019 Arising Out of PS. Case No.-352 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Rakesh Kumar @ Rakesh Kumar Singh Son of Ram Narayan Singh Resident of Village - Ghatmapur, P.S.- Sasaram (Muffasil), District - Rohtas ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Lilawati Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2019 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 of anticipatory bail vide order dated 08.07.2019 passed by learned 1st Addl. Sessions Judge, Sasaram, Rohtas in Sasaram Muffasil P.S. Case No. 352 of 2018 registered under Sections 304(A) of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Brother of the informant is said to have met the accidental death during the course of working in the Rocky

Patna High Court CR. APP (SJ) No.3291 of 2019(2) dt.09-08-2019 2/3 Home Pipe Factory of the appellant.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case merely because he happens to be proprietor of the said factory. The deceased has died in the accidental death during course of working on the machine in the said factory, and for the said accident, the kin of the deceased has been paid compensation. Informant and wife of the deceased appearing before the learned court below have supported the accidental death of the deceased. No offence under SC/ST Act is made out against the appellant. Parties to the case have entered into compromise in the case. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge, Sasaram, Rohtas in connection with Sasaram Muffasil P.S. Case No. 352 of 2018, subject to the condition as laid down

Patna High Court CR. APP (SJ) No.3291 of 2019(2) dt.09-08-2019 3/3 under Section 438 (2) of the Cr.P.C.

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

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