Chhotu Kumar @ Vikram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3861 of 2023 Arising Out of PS. Case No.-463 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Chhotu Kumar @ Vikram Son Of Krishna Prasad Resident Of Vilalge - Narayan Colony Sherghati, P.S. - Sherghati, District - Gaya ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Shobha Kumari Daughter Of Sohrai Ravidas Resident Of Naya Bazar Sherghati, Ward No.8, P.S. - Sherghati, District - Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shashikant For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 25.07.2023 passed by learned Exclusive Special Judge SC/ST Act, Gaya in connection with Sherghati P.S. Case No. 463 of 2023 instituted for the offences punishable under Sections 376(1) of the Indian Penal Code and Sections 3(i)(r)(s) of the SC/ST Act whereby his prayer for being released on bail has been rejected. It is alleged against the appellant that on promise to marry, he established physical relationship

Patna High Court CR. APP (SJ) No.3861 of 2023(4) dt.07-12-2023 2/3 with the informant and continued the same for many a days and thereafter the appellant married with another girl and when she made protest, she was assaulted and abused by calling caste name.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The informant is a major married girl whereas the appellant is a young unmarried boy and the relationship if any was a consensual one. For the alleged occurrence of 15.12.2022 to 25.04.2023, the F.I.R was lodged on 08.05.2023 without explaining the delay. Moreover, good sense has prevailed between the parties and both sides have compromised the matter. The compromise petition is annexed as Annexure-2 to the appeal. The appellant is in custody since 09.05.2023. A statement has been made in para 3 of the petition that appellant has clean antecedent.

Learned Special P.P appearing on behalf of the

Patna High Court CR. APP (SJ) No.3861 of 2023(4) dt.07-12-2023 3/3 State has vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 25.07.2023.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Sherghati P.S. Case No. 463 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T