Rajeev Ranjan Prasad @ Rajeev Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4638 of 2018 Arising Out of PS. Case No.-409 Year-2018 Thana- RUPASPUR District- Patna ======================================================

1. Rajeev Ranjan Prasad @ Rajeev Kumar Son of Late Baidyanath

2. Swati Satyarhi, Wife of Rajeev Ranjan Prasad @ Rajeev Kumar Resident of Rasulpur,P.S. Desari,Distt.-Vaishali at Hajipur,at present Residing at House No.33,Ganesh Path,Shivpuri,P.S-Sastrinagar, Distt.-Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anjani Kumar Jha For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-02-2019 By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 11.10.2018 passed in ABP No.7445 of 2018 arisng out of Rupaspur P.S.Case no.409 of 2018 for the offences punishable under Section 341, 323, 504, 506 and 34 of the Indian Penal Code and Section 3(i)(r) of SC/ST Act by the learned ADJ IV-cum-Special Judge, SC/ST Patna whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

The informant is said to be the servant of Prabhash Chandra and the allegation against the appellants is that they abused the informant by caste name and also assaulted them.

Patna High Court CR. APP (SJ) No.4638 of 2018 dt.01-02-2019 2/2 Submission of the learned counsel for the appellants is that there is case and counter case and the present case has been lodged at the instance of Prabhash Chandra in order to make the case serious.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST, Patnain connection with Rupaspur P.S.Case no.409 of 2018, subject to condition as laid down under Section 438 of Cr.P.C. (Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 1.2.2019 Transmission Date 1.2.2019