Akam Rajwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2339 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -CHAURI District- BHOJPUR ===========================================================

1. Akam Rajwar, S/o Lallan Rajwar @ Lallan Ram, Resident of Village - Chhatarpura, P.S. - Chauri, District- Bhojpur (Ara). .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-08-2018 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 vide order dated 18.04.2018 in SC/ST Case No. 60 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Ara in connection with Chauri P.S. Case No. 31 of 2018 registered under Sections 376D, 376 2(i) of the Indian Penal Code, Section 4/6 of the Protection of Children from Sexual Offenses Act, 2012 as well as Section 3(i)(r)(s)(w)(i)(ii)/3(2)(va) of the SC/ST Act. The allegation of commission of rape is against other named accused persons. Allegation against the appellant is that he met

Patna High Court CR. APP (SJ) No.2339 of 2018 dt.13-08-2018 2/2 with the informant and others when they were on the way along with other co-accused and other co-accused asked the appellant to take care of the informant till their arrival. Those accused persons returned back and took the victim along with them. Appellant has got no criminal antecedent and he is in custody since 01.04.2018. Investigation of the case is complete.

Considering the fact that there is no specific allegation against the appellant, 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

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

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 14.08.2018 Transmission Date 14.08.2018