Patna High Court
Kundan Kumar @ Raju @ Kundan Yadav @ ... vs The State Of Bihar on 9 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 505 of 2021
Arising Out of PS. Case No.-8 Year-2020 Thana- MAHILA P.S. District- Madhepura
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KUNDAN KUMAR @ RAJU @ KUNDAN YADAV @ RAJU KUMAR Son
of Upendra yadav @ Upendra Kumar Resident of Village - JaypalPatti, Ward
No. 15, Police station and District - Madhepura.
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Shailendra Kumar Singh, Advocate
For the Respondent/s : Mr.A.G
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 09-03-2021
Heard learned counsel for the appellant and the
learned Special PP for the State.
2 The appellant has preferred the present Appeal
under Section 14A of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for brevity, SC/ST Act)
against the refusal of his prayer for regular bail vide order
dated 21.10.2020 passed by Additional Sessions Judge VI
-cum- Special Judge, Protection of Children from Sexual
Offences (for brevity, POCSO) Act, Madhepura in a case
registered under Sections 341, 323, 354, 354A, 504, 379/34 of
Indian Penal Code, Section 8 of POCSO Act and Sections 3 (i)
(xi) of SC/ST Act in connection with POCSO Act Case No 5
of 2020 arising out of Mahila Police Station (for brevity, PS)
Case No 8 of 2020 dated 06.02.2020.
Patna High Court CR. APP (SJ) No.505 of 2021 dt.09-03-2021
3 Co-accused Manish Yadav @ Sahil Yadav, along
with one unknown person, has pushed the informant's
daughter on the ground with bad intention while she was on
way to coaching. Later, it is stated that brother of the victim
has protested and has been beaten by the said co-accused
Manish Yadav @ Sahil Yadav, appellant and at least three
other persons.
4 It is submitted by the appellant's counsel that the
appellant's name has been dragged in the latter portion of the
First Information Report (for brevity, FIR) on extraneous
considerations. There is no allegation against the appellant of
in any way assaulting or harassing the victim. The person,
against whom there is specific allegation of harassing the
victim, namely, Manish Yadav @ Sahil Yadav, has been
allowed bail by the Special Court (Annexure 3). The FIR has
been lodged one week after the occurrence and even, in her
statement under Section 164 of Criminal Procedure Code, the
victim has specifically stated about Manish Yadav @ Sahil
Yadav. Against the appellant, there is general and omnibus
allegation and he has no criminal antecedent.
5 In my opinion, in view of nature of accusation in
the FIR, a case for grant of regular bail is made out. The
impugned order dated 21.10.2020 requires interference by this
Court, which is, accordingly, set aside.
6 Learned Special PP for the State has opposed the
prayer for bail.
7 Considering the rival submissions, this appeal is
allowed. The impugned order dated 21.10.2020 passed by
Additional Sessions Judge VI -cum- Special Judge, POCSO
Patna High Court CR. APP (SJ) No.505 of 2021 dt.09-03-2021
Act, Madhepura in connection with POCSO Act Case No 5 of
2020 arising out of Mahila PS Case No 8 of 2020 is set aside.
8 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 VI -cum- Special Judge, POCSO
Act, Madhepura in POCSO Act Case No 5 of 2020 arising out
of Mahila PS Case No 8 of 2020 subject to the following
conditions:
(1) That one of the bailors will be a close relative of
the appellant 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.
(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 10.03.2021
Transmission Date 10.03.2021
