Kamal Narayan @ Kamal Narayan ... vs The State Of Bihar
2021 Latest Caselaw 4276 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (SJ) No 2959 of 2021
     Arising Out of PS. Case No.-58 Year-2021 Thana- SANDESH District- Bhojpur
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KAMAL NARAYAN @ KAMAL NARAYAN KUMAR S/O BHOLA YADAV R/O CHILHAUS, P.S-SANDESH, DISTRICT-BHOJPUR.

... ... Appellant/s Versus THE STATE OF BIHAR

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

For the Appellant/s : Mr Dhirendra Kumar Sinha, Advocate For the Respondent/s : Mr Sadanand Paswan, Special PP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 24-08-2021

This case has been listed today for consideration through

Video Conferencing.

2 Heard learned counsel for the appellant as well as the

learned Special Public Prosecutor (for brevity, Special PP)

appearing for the State of Bihar.

3 The appellant has preferred the present Appeal under

Section 14 - A (2) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (for brevity, SC/ST Act) against the

refusal of his prayer for regular bail vide order dated 04.06.2021

passed by Additional Sessions Judge I, Bhojpur, Ara in a case

registered under Section 366A of Indian Penal Code and Sections

3 (i) (r) (s)/3 (2) (va) of SC/ST Act in connection with SC/ST Case Patna High Court CR. APP (SJ) No.2959 of 2021 dt.24-08-2021

No 59 of 2021 arising out of Sandesh Police Station (for brevity,

PS) Case No 58 of 2021.

4 The allegation is that the appellant has enticed and

abducted the 17 years old minor girl.

5 Mr Dhirendra Kumar Sinha, learned counsel for the

appellant submits that it is a false case. In medical examination,

the victim has been found to be 17 - 19 years. There is no sign of

any rape and having no criminal antecedent, the appellant is in

custody since 13.03.2021. In fact, the victim is a major and the

prosecution has been launched by her mother under duress. The

records further reveal that there is inconsistency in the statement of

the victim recorded under Section 161 of Cr P C and Section 164

of Cr P C. She has not alleged any coercion by any means. The

manner in which she was recovered, while on way to Kulharia

along with the appellant, is suggestive of the falsity of the

allegations.

6 Learned Special PP has submitted that the victim has,

in her statement recorded under Section 164 of Criminal Procedure

Code (for brevity, Cr P C), stated that she was forcibly taken away

by the appellant and kept at Mathiya for three days. Thereafter,

they were noticed by the police while they were on way to

Kulharia and, accordingly, the appellant has been arrested. Patna High Court CR. APP (SJ) No.2959 of 2021 dt.24-08-2021

7 In my opinion, in view of nature of accusation in the

First Information Report, and submission of parties, a case for

grant of regular bail is made out. The impugned order dated

04.06.2021 requires interference by this Court, which is,

accordingly, set aside.

8 This appeal is allowed. The impugned order dated

04.06.2021 passed by Additional Sessions Judge I, Bhojpur in

connection with SC/ST Case No 59 of 2021 arising out of Sandesh

PS Case No 58 of 2021 is set aside.

9 Let the appellant above named be released on bail on

his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with

two sureties of the like amount each to the satisfaction of

Additional Sessions Judge I, Bhojpur, Ara in SC/ST Case No 59 of

2021 arising out of Sandesh PS Case No 58 of 2021 subject to the

following conditions:

(1) That one of the bailors will be a close relative of the

appellants who will give an affidavit giving genealogy as to how

he is related with the appellant. The bailor will also undertake to

inform the Court if there is any change in the address of the

appellant.

Patna High Court CR. APP (SJ) No.2959 of 2021 dt.24-08-2021

(2) That the appellant will be well represented on each

date and if he fails to do so on two consecutive dates, his bail will

be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./-

AFR/NAFR                  NAFR
CAV DATE                    NA
Uploading Date          27.08.2021
Transmission Date       27.08.2021