Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2895 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- BIKRAM District- Patna ====================================================== VIKASH KUMAR son of Krishnandan Singh Village- Khoraitha Ps- Bikram Dist- Patna ... ... Appellant/s
Versus
1 .
The State of Bihar 2.
Rupa Rani Gaund wife of Ajay Kumar R/o- Danapur Cantt, Patna at Present Niyojit teacher, Rajkiya Buniyadi Vidyalaya Nisarpura Ps- Bikram DistPatna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Kaushal Kishor , Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the parties. Despite filing vakalatnama nobody appears on behalf of respondent No. 2.
2. This appeal has been filed for setting aside order dated 12.06.2023 passed in a case registered for the offence punishable under sections 341, 323, 354, 504 and 34 and other allied sections of the Indian Penal Code and sections 3(i)(r)(s) (f)/3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected.
3 . As per F.I.R., it is alleged that on 30.07.2022 , when the informant and two other teachers Rani Kumari and Ritu Raj asked the headmistress to show the order book, upon
Patna High Court CR. APP (SJ) No.2895 of 2023(6) dt.06-02-2025 2/3 which the headmistress abused them. It is further alleged that when the informant objected the same , this petitioner and other co-accused persons who were also teachers in the same school abused the informant by caste name and also pushed her.
4. It is submitted that the present case is counter blast of Bikram PS Case No. 339 of 2022 dated 30.07.2022 registered under Sections 341 , 323 , 379, 504 and 34 of the IPC lodged by accused Sharda Kumari against the informant and others. Appellant, other co-accused persons and informant are teachers in the same school and due to petty dispute , this false and concocted case has been lodged. It is not the case of the informant that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out. Appellant claims clean antecedent.
5 . Counsel for the parties oppose the prayer for bail.
6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside . Let the appellant, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge,
Patna High Court CR. APP (SJ) No.2895 of 2023(6) dt.06-02-2025 3/3 SC/St, Patna in connection with Bikram Police Station Case No. 340 of 2022 .
(Prabhat Kumar Singh, J) Koushik/- U T