Aditya Verma @ Aditya Kumar @ Omkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1475 of 2024 Arising Out of PS. Case No.-987 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Aditya Verma @ Aditya Kumar @ Omkar son of Suresh Saah VillageNandpur Dhala Ward No 4 PS- Shikarpur District- West Champaran ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Pushpa Kumari wife of Ashok Kumar Guro Village- Nandpur Dhala Ward No 4 PS- Shikarpur District- West Champaran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. Public Prosecutor For the Res No. 2 :
Mr. Dannjay Kumar No. 2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2025 Heard learned counsel for the appellant, respondent no. 2 and the State.
2. This criminal appeal has been filed against the order dated 27.02.2024 passed by learned Additional District & Sessions Judge-1st-cum-Special Judge (SC & ST), Bettiah, West Champaran in ABP No. 173 of 2024 in connection with Shikarpur P.S. Case No. 987 of 2023, instituted under Sections 147, 148, 341, 323, 354, 307, 380, 379, 448, 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.
Patna High Court CR. APP (SJ) No.1475 of 2024(3) dt.07-08-2025 2/3
3. Prosecution case, in brief, is that on 6.12.2023, all the F.I.R. named accused persons including this appellant came at the house of informant, abused her by caste name and assaulted her. This appellant is alleged to have inflicted knife blow on the forehead and cheek of informant.
4. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. As a matter of fact, co-accused Sunita Devi, who is mother of the appellant, was working as nurse in the clinic of informant and husband of the informant sexually exploited her for which she had lodged Shikarpur P. S. Case No. 993 of 2024 against informant and others and present case is lodged in retaliation to the aforesaid case with false and concocted story. It is not the case of informant that alleged incident occurred within the public view, as such, no offence under SC/ST Act is made out against appellant. Appellant claims clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2. vehemently opposed the bail application.
6. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing
Patna High Court CR. APP (SJ) No.1475 of 2024(3) dt.07-08-2025 3/3 bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-1st-cum-Special Judge (SC & ST), Bettiah, West Champaran in ABP No. 173 of 2024 in connection with Shikarpur P.S. Case No. 987 of 2023.
7. Accordingly, this criminal appeal is allowed and impugned order dated 27.02.2024 is set aside with respect to this appellant only.
(Prabhat Kumar Singh, J) Navya/- U T