Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3839 of 2022 Arising Out of PS. Case No.-204 Year-2022 Thana- NADI P.S. District- Patna ====================================================== SATISH KUMAR Son of J. P. Ray Resident of Village - Near Mandir Maujipur, P.S.- Nadi, District - Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Jitan Kumari Wife of Kartik Udaw Resident of Village - Kumahandi, P.S.- Bansya, District - Gumla.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Jay Ram Prasad For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-04-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Learned Spl. PP for the State, in compliance of order dated 02.03.2023, informed the informant/complainant. Nobody appeared on behalf of the informant/complainant. This is an appeal under Section 14 A (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 anticipatory bail vide order dated 15.09.2022 passed by learned Special Judge, SC/ST Act, Patna, in connection with Nadi P.S. Case No. 204 of 2022 registered under Sections 341, 323, 504, 354(B)of the Indian Penal Code and Section 3(i)(xi)(r)/ (w) of the Scheduled

Patna High Court CR. APP (SJ) No.3839 of 2022(3) dt.19-04-2023 2/3 Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per the FIR, when the informant was in her room a boy came and asked her to come with him. When the informant denied, the said boy tried to forcibly take her, on her refusal he threatened to disrobe her and started to pull. Thereafter, he forcibly pulled out of room and torn her nighty. He also abused her by taking caste name.

Learned counsel for the appellant submits that the appellant has not concern with the aforesaid occurrence. He has falsely been implicated in the present case. There is no allegation of slating the informant in the specific name of his caste. He submits that there is compromise between the parties, a copy of compromise petition is annexed as Annexure-2 of the memo of the appeal. Appellant has got no antecedent as mentioned in para-3 of memo of the appeal.

Learned Spl. PP for the State opposes payer for bail and submits that the appellant abuses the respondent no. 2/informant by taking caste name.

Considering the facts and circumstances of the case and the fact that there is compromise between the parties, let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks

Patna High Court CR. APP (SJ) No.3839 of 2022(3) dt.19-04-2023 3/3 from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Patna, in connection with Nadi P.S. Case No. 204 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) anand/- U T