Patna High Court
Chandan Kumar vs The State Of Bihar on 4 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 893 of 2021
Arising Out of PS. Case No.-183 Year-2020 Thana- NIMCHAKBATHANI District- Gaya
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CHANDAN KUMAR Son of Shailendra Chouhan Resident of Village-
Bathansher, P.S.- Nimchak Bathani,Distt- Gaya.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Sanjeev Kumar, Advocate
For the Respondent/s : Ms Usha Kumari, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 04-05-2021
In view of sudden surge of COVID - 19 infection, there
is limited functioning of the Court and, therefore, the matter has
been listed today for consideration through Virtual Mode.
2 Heard learned counsel for the appellants and the
learned Special PP for the State.
3 The appellant has preferred the present Appeal under
Section 14 A (2) 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
23.11.2020 passed in BP No 326 of 2020 by Exclusive Special
Judge, SC/ST Act, Gaya in a case registered under Section 363A of
Indian Penal Code and Sections 3 (i) (r) (s) of SC/ST Act in
Patna High Court CR. APP (SJ) No.893 of 2021 dt.04-05-2021
connection with Nimchak Bathani Police Station (for brevity, PS)
Case No 183 of 2020.
4 The first information report alleges that the
informant's minor daughter has been enticed away by the appellant
and his family members and she has been confined at Dharampur.
5 Appellants' counsel submits that allegations are false.
The doctor has opined the age of the victim to be 15 years old. In
her statement recorded under Section 164 of Criminal Procedure
Code, the victim has stated her age to be 18 years and has falsified
the entire prosecution case as she has submitted that she, on her
own volition, had gone with the appellant. She has further stated
about the friendly relationship with the appellant since at least one
year prior to the date on which she left with the appellant. The
appellant is also stated to be about 18 years old at the time of the
alleged occurrence and is in custody since 21.09.2020. He has no
criminal antecedents.
6 Learned Special PP for the State has opposed the
prayer for bail.
7 In my opinion, a case for grant of regular bail is made
out. The impugned order dated 23.11.2020 passed in BP No 326
of 2020 requires interference by this Court, which is, accordingly,
set aside.
Patna High Court CR. APP (SJ) No.893 of 2021 dt.04-05-2021
8 Considering the rival submissions, this appeal is
allowed. The impugned order dated 23.11.2020 passed by
Exclusive Special Judge, SC/ST Act, Gaya in BP No 326 of 2020
arising out of Nimchak Bathani PS Case No 183 of 2020 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
Exclusive Special Judge, SC/ST Act, Gaya in Nimchak Bathani PS
Case No 183 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
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