Nipu Kumar @ Nippu Kumar @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.706 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- MAHILA P.S. District- Siwan ====================================================== Nipu Kumar @ Nippu Kumar @ Ashish Kumar S/O Late Harendra Singh R/O Vill Bartwaliya Ps Panchrukhi Dist Siwan ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Kanti Kumari Daughter of Sakaldeep Gaur R/o vill- Bartwaliya, P.O.-Itawa , P.S.- Panchurkhi, Dist- Siwan ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Anil Chandra For the State :

Ms. Usha Kumari No.1 For the Respondent No. 2:

Mr. Suresh Prasad Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the respondent no. 2.

2. This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act), against the refusal of prayer of anticipatory bail vide order dated 05.11.2020 passed by learned Special Judge POCSO, Siwan, in connection with Siwan (Mahila) P.S. Case No. 48 of 2020 registered under Sections 376, 511 of the Indian Penal Code and Section 3(2)(vr) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section

Patna High Court CR. APP (SJ) No.706 of 2021(5) dt.06-12-2023 2/3 6(XII) of the POCSO Act.

3. As per the prosecution case, allegation against the appellant is that he tried to commit rape upon the informant.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. There is no allegation of slating the informant in the specific name of his caste. Hence, no offence under SC/ST Act is made out against the appellant. He submits that the date of occurrence was 23.07.2020 and the complaint was filed on 05.08.2020, after lapse of about 12 days and there is no explanation regarding the delay, which creates serious doubt on the prosecution case. He further submits that appellants also belongs to the Scheduled Caste, therefore, no offence under SC/ST is made out against the appellant. Appellant has got no antecedent as mentioned in para-3 of memo of the appeal.

5. Learned Spl. PP for the State as well as learned counsel for the respondent no. 2 opposed the prayer for anticipatory bail and submitted that para-4, 7, 8, 11 and 12 of the case diary have supported the prosecution case.

6. Considering the facts and circumstances of the case, arguments of the parties and from perusal of the records, it appears that there is delay of 12 days in lodging the present

Patna High Court CR. APP (SJ) No.706 of 2021(5) dt.06-12-2023 3/3 F.I.R., let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO, Siwan, in connection with Siwan (Mahila) P.S. Case No. 48 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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

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