Chiku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1890 of 2018 Arising Out of PS.Case No. -348 Year- 2017 Thana -NAUBATPUR District- PATNA ===========================================================

1. Chiku Kumar S/o Birendra Singh @ Upendra Kumar, R/o Vill.- Koravan, P.S.- Naubatpur, District- Patna. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sudhanshu Shekhar, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-08-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 08.02.2018 in A.B.P. No.797 of 2018 by the learned Special Judge, SC/ST- cum- Additional Sessions Judge Vth, Patna in connection with Naubatpur P.S. Case No. 348 of 2017 registered under Sections 341, 323, 354 and 504/34 of the Indian Penal Code as well as Sections 3(x)(i) of the SC/ST Act and 8/12 of the POCSO Act.

There is case and counter case. Counter case is at Annexure-2. Allegation against the appellant is that he was forcibly giving a mobile phone to the informant/a girl, aged about 16 years, and was persuading her to talk to the appellant. However, the informant managed her escape.

Submission of the learned counsel for the appellant

Patna High Court CR. APP (SJ) No.1890 of 2018 dt.03-08-2018 2/2 is that the parties have entered into a compromise vide written compromise filed before the learned Special Judge, a copy of which is at Annexure-3, wherein the informant has stated that due to communication gap and mutual differences between the parties, the case was lodged.

In the circumstances, fate of the trial is known. If the factum of the compromise is true, learned Special Judge shall release the appellant on anticipatory 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 court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and the appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.08.2018 Transmission Date 06.08.2018