Kaif Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3626 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- JHAJHA District- Jamui ====================================================== Kaif Khan Son of Late Parwez Khan @ Late Parwez Hassan Resident of Village - Khalasi Mohalla, P.S.- Jhajha, District - Jamui ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Juli Murmur Daughter of Late Chhote Lal Murmur Resident of Mohalla - Railway Awas No. 163(A), P.S. - Jhajha, District - Jamui ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Niranjan Parihar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. This is an appeal under Section 14A(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 bail vide order dated 15.06.2024 passed by the learned Additional Sessions Judge-IJamui-Cum- Special Judge, POCSO & SC/ST Act, Jamui arising out of Jhajha P.S. Case No. 25/2024 dated 17.01.2024 registered for the offences punishable u/ss 457, 376 and 511 read with 34 of the Indian Penal Code and Sections 3(1))(r)(s) (w), 3(2)(va) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.3626 of 2024(4) dt.10-01-2025 2/3

3. As per the prosecution case, the appellant and the co-accused persons are alleged to have entered the house of the informant and tried to rape her on the point of knife. When the informant's husband came to rescue, the accused persons assaulted him and threatened to kill him.

4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. The other co-accused person has been granted bail by this court vide order dated 18.07.2024 passed in Cr. Appeal (SJ) No. 2523 of 2024. The victim was not examined by the doctor. The petitioner had not made any attempt to commit rape on her. The appellant has no criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 18.01.2024.

5. Learned counsel learned Spl. P.P. for the State has vehemently opposed the prayer of bail.

6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated

Patna High Court CR. APP (SJ) No.3626 of 2024(4) dt.10-01-2025 3/3 15.06.2024 passed by the learned Additional Sessions Judge-IJamui-Cum- Special Judge, POCSO & SC/ST Act, Jamui arising out of Jhajha P.S. Case No. 25/2024 is set aside against the appellant. The criminal appeal is allowed.

7. Accordingly, the above named appellant, is directed to be enlarged on 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 Additional Sessions JudgeI-Jamui-Cum- Special Judge, POCSO & SC/ST Act, Jamui arising out of Jhajha P.S. Case No. 25/2024.

(Chandra Prakash Singh, J) atul/- U T