Jharkhand High Court
Rahul Kumar Singh Aged About 55 Years Son ... vs The State Of Jharkhand on 7 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 526 of 2022
....
Rahul Kumar Singh aged about 55 years son of Late Sitaram
Singh, resident of Village- Ramanand Path, New Balbhadrapur,
PO & PS- Laheria Sarai, District- Darbhanga (Bihar)
......Petitioner
Versus
1. The State of Jharkhand
2. Agni Shika Choudhary W/o Dev Jyoti Kundu, resident of
Block Para, Murarai, PO & PS- Murarai, District- Birbhum,
West Bengal, presently working as teacher at DAV School
Mahespur, Village and PS- Mahespur, PO- Mahespur, District-
Pakur, Jharkhand ...... Opp. Parties.
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Manoj Kumar Choubey, Advocate
For the State : Mr. Shiv Shankar Kumar, APP
For the O. P. No. 2 : None.
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09/07.02.2025 It appears from the counter affidavit filed on behalf of
the State on 29.01.2025 that notice of this case has been served
upon one Rekha Choudhary i.e. the mother of the opposite party
no. 2 namely Agni Shikha Choudhary. It has also been stated in
the counter affidavit that mother of the opposite party no. 2 did
not provide the mobile number and address of the opposite party
no. 2, but has stated that she will inform her daughter i.e
opposite party no. 2.
2. However, when the case is called, none appears on
behalf of the opposite party no. 2 even today. It also appears that
notice had earlier issued to the opposite party no. 2 and postal
receipt has given endorsement that "addressee left without
instruction".
3. Thus, it appears that opposite party no. 2 is not
interested to pursue the case as she has not appeared even today
and as such, the case is being heard.
4. Heard learned counsel for the petitioner and learned
counsel for the State.
5. The instant I.A. No. 11050 of 2024 has been filed on
behalf of the petitioner for grant of bail during pendency of the
present Criminal Revision.
6. The present Criminal Revision has been filed by the
petitioner challenging the judgment dated 13.05.2022 passed in
Criminal Appeal No. 07 of 2022 by Ms. Kumari Ranjana
Asthana, learned Principal Sessions Judge, Pakur by which
learned Principal Sessions Judge, Pakur has dismissed the
Criminal Appeal No. 07 of 2022 by affirming the judgment of
conviction and order of sentence dated 03.02.2022 passed by
Sri. N. K. Bharti, Judicial Magistrate, 1st Class, Pakur in
connection with Maheshpur P. S. Case No. 106 of 2016
corresponding to G. R. No. 575 of 2016 [T. R. No. 290 of 2022]
by which the petitioner has been convicted for the offences
under Sections 354 and 509 of the Indian Penal Code and
sentenced to undergo R.I. for a period of two (2) years and to
pay the fine of Rs. 5,000/- for the offence under Section 354 of
the Indian Penal Code and sentenced to undergo S.I. for a
period of two (2) years and to pay the fine of Rs. 5,000/- for
the offence under Section 509 of the Indian Penal Code.
However, all the sentences have been directed to run
concurrently.
7. It is submitted by the learned counsel for the petitioner
that the impugned judgments and order passed by the learned
Court below are illegal and not sustainable in the eyes of law. It
is submitted that the petitioner at best is alleged for only to
caught hold hand of the opposite party no. 2 and there is no
serious allegation against him. It is submitted that the petitioner
has also retired and the petitioner is in custody since 18.09.2024
and as such, the petitioner may be enlarged on bail.
8. Learned counsel for the State has opposed the prayer
for bail. It is submitted that the petitioner has caught hold hand
of the opposite party no. 2. It is further submitted that other
teachers have also complaint against the petitioner and hence
prayer for bail may be rejected.
9. Having heard learned counsel for the petitioner and
learned counsel for the State and from perusal of the Lower
Court Records, it appears that the petitioner is alleged to have
caught hold the hand of the opposite party no. 2.
10. Considering the facts and in the circumstances of the
case and also considering the fact that the petitioner is in
custody since 18.09.2024, during pendency of this Criminal
Revision, the petitioner namely Rahul Kumar Singh is directed
to be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of Sri. N. K. Bharti, Judicial Magistrate,
1st Class, Pakur /or his Successor Court in connection with
Maheshpur P. S. Case No. 106 of 2016 corresponding to G. R.
No. 575 of 2016 [T. R. No. 290 of 2022] subject to the
condition that one of bailors should be own relative of the
petitioner.
11. Thus, I.A. No. 11050 of 2024 is allowed and stands
disposed of.
12. Admit.
13. Issue fresh notice to the opposite party no. 2 under
registered cover with A/D and ordinary process and for which
requisites etc. must be filed within two weeks from today.
14. Lower Court Records have already been received.
(Sanjay Prasad, J.)
Kamlesh/
