Akash Sah @ Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3833 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- MAHILA PS District- East Champaran ====================================================== Akash Sah @ Akash Kumar Son Of Jiyalal Sah Resident Of Village -JAGIRAHAN Bijbani, Ps- Jitna (GHORASAHAN), Distt- East Champaran ... ... Appellant/s
Versus
1.
The State Of Bihar 2.
Nitu Kumari Daughter Of Munna Baitha @ Harendra Baitha Resident Of Village -JAGIRAHAN Bijbani, Ps- Ghorasahan, Distt- East Champaran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Abhishek Kumar For the Respondent/s :
Mr.Sadanand Paswan For the Informant/s :
Mr. Bhagya Narayan Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-03-2024 Heard learned counsel for the appellant and learned counsel for the informant as well as learned Special Public Prosecutor for the State.
2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for anticipatory bail vide order dated 27.06.2023 passed by the learned Special Judge, SC/ST (POA) Act, East Champaran, Motihari in connection with Mahila P.S. Case No. 13 of 2023 dated 16.03.2023 registered for the offence/s punishable u/s 376 and 420 read with 34 read with section of the Indian Penal Code and Sections 3(i)(r)(s), 3(2) va of the SC/ST Act.
Patna High Court CR. APP (SJ) No.3833 of 2023(3) dt.15-03-2024 2/3
3. As per the prosecution case, the appellant and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.
4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the incident. There is no allegation of hurling of caste related abuse at the informant by the appellant. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under section SC/ST Act. The appellant has two more criminal antecedents as stated at para 3 of the bail petition. The victim in her statement recorded u/s 164 of the Cr.P.C has stated that she went to the house of her mother's sister and nobody has kidnapped her. It is further submitted that the victim was not forced to have illicit intercourse with another person.
5. Learned counsel for the informant as well as learned Spl. P.P. for the State has vehemently opposed the anticipatory bail petition of the appellant.
6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of learned counsel for the appellant, the impugned order dated 27.06.2023
Patna High Court CR. APP (SJ) No.3833 of 2023(3) dt.15-03-2024 3/3 passed by learned Special Judge, SC/ST (POA) Act, East Champaran, Motihari in connection with Mahila P.S. Case No. 13 of 2023, is set aside against the appellant. The criminal appeal is allowed.
6. Accordingly, 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 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 Special Judge, SC/ST (POA) Act, East Champaran, Motihari in connection with Mahila P.S. Case No. 13 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellant are liable to be cancelled. (Chandra Prakash Singh, J) atul/- U T