Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1373 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- SC/ST District- Gaya ====================================================== GAUTAM KUMAR Son of Late Rajendra Prasad Singh Resident of House No.- 291, A.P. Colony, P.S.- Civil Lines, District - Gaya ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rabindra Kumar Priyadarshi For the Respondent/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2021 Heard learned counsel for the appellant and the State through virtual mode.

Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The matter relates to grant of anticipatory bail to the appellant in connection with SC/ST (Gaya) P.S. Case No. 40 of 2020 registered for the offences under Sections 323, 420, 406, 504, 506 of the Indian Penal Code and Sections 3(i)(r)(s)/ 3(2) (v-a) of the SC/ST (Prevention of Atrocities) Amendment Act. Allegedly, the appellant took Rs. 30,000/- from the informant in the name of providing a job to his son. It is further alleged that the appellant started the informant taking his caste name and also assaulted him with slaps.

Patna High Court CR. APP (SJ) No.1373 of 2021(2) dt.16-07-2021 2/3 It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. For the alleged occurrence of 20-06-2017, after a period of three years, the present complaint has been filed in the court below on 1609-2020 and on the basis of said complaint, the present case has been registered under Sections 156(3) of the Cr. P.C. The reason for delay in filing the complaint has not been given by the complainant. The alleged occurrence has not taken place within the public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case.

On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.

In view of the aforesaid facts and circumstances, the order dated 02-01-2021 passed by learned Court of learned Executive Special Judge, SC/ST Act, Gaya in SC/ST (Gaya) P.S. Case No. 40 of 2020 is set aside. The present Criminal Appeal is allowed. Considering the aforesaid facts and circumstances of the case and also the lockdown, let the appellant, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on

Patna High Court CR. APP (SJ) No.1373 of 2021(2) dt.16-07-2021 3/3 anticipatory bail on his personal bond to the satisfaction of learned Executive Special Judge, SC/ST Act, Gaya in connection with SC/ST (Gaya) P.S. Case No. 40 of 2020. Once the normalcy is restored, the appellant shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T