Anuj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1055 of 2025 Arising Out of PS. Case No.-516 Year-2024 Thana- PIRPAINTI District- Bhagalpur ====================================================== Anuj Kumar S/o- Dilip Singh vill- Govindpur Mohanpur PS- Pripainti DistBhagalpur ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
Mosmt Kushma Devi S/o- Late Arjun Mandal Village- Govindpur Mohanpur Ps- Pirpainti Dist- Bhagalpur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Rajive Ranjan Singh For the Respondent/s :
Mr.Usha Kumari 1 For the Informant :
Mr. Rahul Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2025 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.
2. This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 11.02.2025 passed by the learned District & Additional Sessions Judge III-cum-Special Judge, SC/ST Act, Bhagalpur in Pirpainti P.S. Case No. 516/2024 and Special SC/ST Case No. 202/2024 arising out of Pirpainti dated 11.11.2024 registered for the offences punishable u/s 103(2) read with Section 3(5) of the
2/4 B.N.S. and Sections 3(1)(r)(s) / 3(2)(va) of the SC/ST Act.
3. As per the prosecution case, 10.11.2024 at around 10 P.M. in the night, the informant's son Manoj Kumar went to sleep. On 11.11.2024 at 06:30 A.M., in the morning when she woke up, she went to her son where he was sleeping but she could not find him. On search, the informant found her son hanging from a bamboo tree near the Bas Bitta with rope around his neck. On halla, nearby people gathered and when the rope was cut around her son's neck, her son was already dead. It is further alleged that she belongs to Kharwar caste and her son has lodged Pirpainti P.S. Case No. 485/24 against Anuj Kumar, Sonu Kumar, Rishu Kumar, Ankit Kumar. It is further alleged that yesterday i.e. on 10.11.2024 at around 9 A.M.
in the morning Ambika Yadav, Pappu Yadav, Bholi Yadav, Upendra Yadav @ Pairu Yadav, Chanchal Yadav @ Chicho Yadav, Pradip Yadav, Shivji Yadav and Dilip Singh have come for Panchayti at her road side's house to withdraw the aforesaid case, but her son was not ready to withdraw the case. The informant has full faith that for withdrawing the aforesaid case, the accused persons have murdered her son Majoj Kumar last night by strangulating him with a rope in the Bas Bitta.
4. Learned counsel for the appellant has submitted
3/4 that the appellant has falsely been implicated in this case due to ulterior motive. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. There is general and omnibus allegation against the appellant. There is no eye-witnesses of the alleged occurrence. Learned counsel has submitted that the P.M. Report does not support the prosecution case. The appellant has one criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 10.12.2024.
5. Learned Spl. P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer of bail. As per the Post Mortem Report, the cause of death is due to asphyxia and venous congestion due to ante-mortem hanging.
6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 11.02.2025 passed by the learned District & Additional Sessions Judge III-cum-Special Judge, SC/ST Act, Bhagalpur in Pirpainti P.S. Case No. 516/2024 and Special SC/ST Case No. 202/2024 arising out of Pirpainti is set aside against the appellant. The
4/4 criminal appeal is allowed.
7. Accordingly, the above named appellant, is directed to be enlarged 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 the learned District & Additional Sessions Judge III-cum-Special Judge, SC/ST Act, Bhagalpur in Pirpainti P.S. Case No. 516/2024 and Special SC/ST Case No. 202/2024 arising out of Pirpainti, with further condition:- (i). The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellant are liable to be cancelled. (Chandra Prakash Singh, J) atul/- U T