Pradum Kumar @ Vivek @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3975 of 2019 Arising Out of PS. Case No.-288 Year-2018 Thana- MOKAMAH District- Patna ====================================================== Pradum Kumar @ Vivek @ Vivek Kumar son of Sri Ajay Paswan, resident of Mohalla- Mokama Ghat, P.S.- Mokama, District- Patna ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Manoj Kumar Pandey For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-01-2020 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 anticipatory bail vide order dated 01.06.2019 by the learned A.D.J.1st-cum-Special Judge, C.B.I.II, Patna in A.B.P. No.3406 of 2019, arising out of Mokama P.S. Case No.188 of 2018 (Special Case No.249 of 2018) registered under Sections 376,354,506 of the Indian Penal Code, Sections 4/6 POCSO Act, Sections 2(V) SC/ST Act and Sections 67 (A),67(B) of the I.T.Act.

Considering the fact that similarly situated co-accused Raja Kumar has already been allowed anticipatory bail by a Coordinate Bench of this Court in Cr.Appeal(SJ) No.1850 of 2019

Patna High Court CR. APP (SJ) No.3975 of 2019(3) dt.31-01-2020 2/2 on 16.11.2019, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the aforesaid case, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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 the appeal is allowed.

(Birendra Kumar, J.) nawalkrs/- U T