Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.707 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- BAGHA District- West Champaran ====================================================== GAUTAM KUMAR Son of Dukhu Sahani @ Shubhash Choudhary Resident of Village- Narainapur, Ward No.05, P.S.- Bagaha Pathkholi, O.P. Distt- West Champaran.
... ... Appellant
Versus
The State of Bihar ... ... Respondent ====================================================== Appearance :
For the Appellant/s :
Mr.Kaushal Kishor, Advocate For the Respondent/s :
Mr. Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-10-2021 Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Heard learned counsel for the appellant and learned Special Public Prosecutor for the State in virtual Court. This appeal under Section 14 A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 14.10.2020 passed by learned 1st Additional Sessions Judge cum Special Judge, SC/ST, Bettiah, West Champaran in connection with Bagaha Pathkholi P.S. Case No. 270 of 2020 registered under Sections 147, 149, 342, 323, 324, 504, 506 of the Indian Penal Code read with Sections 3(1)(r)(s)(w) of SC/ST Act, whereby
Patna High Court CR. APP (SJ) No.707 of 2021(2) dt.29-10-2021 2/3 the prayer for pre-arrest bail of the appellant has been rejected. According to prosecution case, on 06.05.2020 at about 11:00 A.M. appellant along with other accused armed with lathi, danda, knife came at the door of the informant and abused cousin brother of the informant and also dragged him on the road. The informant further alleges that on alarm, the informant, his brother and his mother also came and tried to save Keshav Ram but the accused persons also assaulted them. The accused persons abused the informant and his family members by calling their caste name.
Learned counsel for the appellant submits that the appellant has committed no offence and he has falsely been implicated in the present case. Appellant has got no criminal antecedent. Learned counsel further submits that the present case is counterblast of Bagaha Pathkholi P.S. Case No. 271 of 2020 registered under Sections 341, 323, 354, 379, 506, 509/34 of the I.P.C. lodged by co-accused Sunita Devi. Learned counsel further submits that the alleged occurrence has not taken place in public domain. Learned counsel further submits that due to intervention of well-wisher both parties have compromised the matter outside the court and filed a compromised petition. Learned Special Public Prosecutor for the State has,
Patna High Court CR. APP (SJ) No.707 of 2021(2) dt.29-10-2021 3/3 vehemently, opposed the prayer of pre-arrest bail of the appellant.
Considering the facts and circumstances of the case as well as submissions of the parties, the appellant above named, in the event of his arrest/ surrender before the court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge, SC/ST, Bettiah, West Champaran in connection with Bagaha Pathkholi P.S. Case No. 270 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Accordingly, the impugned order dated 14.10.2020 passed in A.B.P. No. 1851 of 2020 is set aside and this appeal is allowed.
(Rajesh Kumar Verma, J) shahzad/- U T