Aman Kumar Singh @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1913 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Aman Kumar Singh @ Aman Kumar Son Of Madan Singh R/O Ward No. 3, Saligrami, P.S.- Sahebpur Kamal, District - Begusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sumeet Kumar Singh For the Respondent/s :

Mr.Usha Kumari 1 Mr. Sandip Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Learned counsel for the appellant has filed the supplementary affidavit today in the Court. Let it be kept on record.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 11.05.2022, passed by learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Begusarai in connection with Sahebpur Kamal P.S. Case No. 69 of 2022, registered under Sections 354(B), 341, 323 of the IPC, Sections 3(i) (r) (s) (w)/ 3 (2) (va) of SC/ST Act and Section 8 of the POCSO Act.

It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that in fact earlier one FIR bearing Sahebpur

Patna High Court CR. APP (SJ) No.1913 of 2022(2) dt.10-08-2022 2/2 Kamal P.S. Case No. 23 of 2021 was registered at the instance of father of the appellant in which husband of the informant of the present case had been made accused and in retaliation the informant implicated the appellant in the present case. He submits that no case under SC/ST Act is made out against the appellant. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal. Learned Spl. PP for the State and learned counsel for the respondent no. 2 oppose the prayer for bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the appellant on anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Sahebpur Kamal P.S. Case No. 69 of 2022. Accordingly, this appeal is dismissed.

However, if the appellant surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day considering the fact that there is inimical term in between the parties.

(Anjani Kumar Sharan, J) devendra/- U T