Rajaul @ Rajabul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2664 of 2024 Arising Out of PS. Case No.-170 Year-2023 Thana- THAKURGANJ District- Kishanganj ====================================================== RAJAUL @ RAJABUL SON OF LATE MAINUDDIN RESIDENT OF VILLAGE - SONA CHANDI, PATESARI, P.S. - THAKURGANJ, DISTRICT - KISHANGANJ ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

AMLA DEVI WIFE OF SHIVCHANDRA RAM RESIDENT OF VILLAGE - SONA CHANDI, PATESARI, P.S. - THAKURGANJ, DISTRICT - KISHANGANJ ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bhola Prasad For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2024 Let the physical copy of supplementary affidavit be kept on the record.

2. Heard learned counsel for the appellant as well as learned counsel for the informant.

3. This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 14.05.2024 passed by the learned Additional Sessions Judge-Ist-cum-Special Judge, Kishanganj in Thakurganj P.S. Case No. 170 of 2023, registered for the offences punishable under Sections 452, 365, 342, 376, 120(B)

Patna High Court CR. APP (SJ) No.2664 of 2024(5) dt.23-09-2024 2/3 of the IPC and Sections 3(1)(r)(s)/3(2)(v) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for bail of the appellant has been rejected.

4. As per allegation, the informant along with her family members had gone to Siliguri to participate in a Shraadh Karam, leaving her daughter alone in the house. Meanwhile, the appellant came to her house and committed rape upon her. On alarm being raised by the victim, one Puja Kumari came to save her whereupon the appellant fled away, after abusing her by calling her caste name.

5. At the very outset, the learned counsel for the appellant has submitted by filing supplementary affidavit that no case under Section 376 of the IPC was found to be true, as such, no charge-sheet has been filed under Section 376 of the IPC. The case was found true only under Sections 452, 365, 342, 120(B) of the IPC and Sections 3(1)(r)(s)/3(2)(v) of SC and ST (Prevention of Atrocities) Act. He has submitted further that when the informant realized the fact, she filed compromise petition. The petitioner is under custody since 12.05.2024.

6. Considering the above-mentioned facts and circumstances, the appeal is allowed and the impugned order dated 14.05.2024 passed by the learned Additional Sessions

Patna High Court CR. APP (SJ) No.2664 of 2024(5) dt.23-09-2024 3/3 Judge-Ist-cum-Special Judge, Kishanganj is set aside.

7. Accordingly, the appellant above-named, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cumSpecial Judge, Kishanganj in Thakurganj P.S. Case No. 170 of 2023 with the condition that:- (i) The appellant shall remain present physically on each and every date before the court below. In case of failure on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the appellant. (Nawneet Kumar Pandey, J) kundan/- U T