Neeraj Kumar @ Neeraj Kumar Yadav @ Guddu @ Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4481 of 2023 In CRIMINAL MISCELLANEOUS No.51465 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Neeraj Kumar @ Neeraj Kumar Yadav @ Guddu @ Guddu Yadav Son Of Prakash Yadav @ Jay Prakash Kumar Village- Ganga Bigha Ps- Rajauli DistNawada ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
Ritik Kumar son of Upendra Rajwanshi Village- Badhar Ps- Rajauli DistNawada ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Birendra Kumar For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 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 against the refusal of prayer for anticipatory bail vide order dated 18.07.2023 passed by the learned Addl. District & Sessions Judge VIth-cum-Special Judge, POCSO, Nawada in A.B.P. No. 1935/2023 arising out of Rajauli P.S. Case No. 137/2023 dated 03.03.2023 registered for the offences punishable u/ss 143, 147, 149, 341, 323, 354A, 354B, 307, 504 and 506 of the Indian Penal Code, Section 27 of the Arms Act
Patna High Court CR. APP (SJ) No.4481 of 2023(5) dt.04-12-2024 2/3 and Sections 3(i)(r)(s)/3(2)(v) of the SC/ST Act.
3. As per the prosecution case, when the three girls of the informant side went to attend call of nature, the petitioner and the co-accused persons along with 30 unknown persons tried to outrage their modesty and pulled their duppatta forcibly and abused them by taking their caste name. When the family members of the informant went to rescue, they started firing due to that Sonu Rajbansi and Shibu Ram sustained injuries.
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 already been granted bail by this court vide order dated 06.11.2023 passed in Cr. Misc. No. 65310/2023. There is general and omnibus allegation against the appellant. The appellant has no criminal antecedent as stated at para 3 of the bail petition.
5. 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
Patna High Court CR. APP (SJ) No.4481 of 2023(5) dt.04-12-2024 3/3 the case, the impugned order dated 18.07.2023 passed by the learned Addl. District & Sessions Judge VIth-cum-Special Judge, POCSO, Nawada in A.B.P. No. 1935/2023 arising out of Rajauli P.S. Case No. 137/2023, 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 18.07.2023 passed by the learned Addl. District & Sessions Judge VIth-cum-Special Judge, POCSO, Nawada in A.B.P. No. 1935/2023 arising out of Rajauli P.S. Case No. 137/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Chandra Prakash Singh, J) atul/- U T