Amit Singh @ Amit Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 5121 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No 3466 of 2021
           Arising Out of PS. Case No.-63 Year-2020 Thana- RASULPUR District- Saran
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1. AMIT SINGH @ AMIT KUMAR SINGH S/o KESHAV SINGH R/o VILLAGE-ITHARI, P.S- RASULPUR, DISTRICT-SARAN AT CHHAPRA, BIHAR.

2. RAHUL SINGH S/o KESHAV SINGH R/o VILLAGE-ITHARI, P.S-

RASULPUR, DISTRICT-SARAN AT CHHAPRA, BIHAR.

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

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

For the Appellant/s : Mr Yashraj Bardhan, Advocate For the Respondent/s : Ms Usha Kumari 1, Special PP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD

ORAL JUDGMENT

Date : 29-10-2021

This case has been taken up for consideration today

through Video Conferencing.

2 Heard learned counsel for the appellants as well as the

learned Special Public Prosecutor (for brevity, Special PP)

appearing for the State of Bihar.

3 The appellants have preferred the present Appeal

under Section 14 (A) (2) of Scheduled Castes and Scheduled

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

refusal of their prayer for regular bail vide order dated 12.07.2021

passed by Additional Sessions Judge I -cum- Special Judge, SC/ST Patna High Court CR. APP (SJ) No.3466 of 2021 dt.29-10-2021

Act, Saran at Chapra in a case registered under Sections 147, 148,

149, 341, 323, 324, 354, 307/34 of Indian Penal Code and Sections

3 (ii) (v) (a), 3 (1) (r) (s) of SC/ST Act in connection with Rasulpur

Police Station (for brevity, PS) Case No 63 of 2020.

4 There is allegation that the informant along with her

sister's daughter was walking near a pond where it is alleged that

the instant appellants have forcibly caught her sister's daughter

and attempted to commit rape. There is further allegation that they

have also groped the body of her sister's daughter. Later, on

protest being made, they have been assaulted and in the process,

the prosecution party has also been disrobed and abused by caste

name.

5 Learned counsel for the appellants, referring to

Annexure 2 of the Memo of Appeal, submits that Rasulpur Police

Station Case No 64 of 2020 was lodged on the basis of Fardbayan

of Appellant No 1 recorded in the Hospital on 13.06.2020 where

Appellant No 1 was admitted having sustained injuries at the

hands of the instant prosecution party. The Station Diary Entry of

the same was made on 14.06.2020, as per left column of the First

Information Report (for brevity, FIR). The same, however, was

registered on 03.07.2020. In the meantime, the instant prosecution

party, who are aggressors, lodged the prosecution case on Patna High Court CR. APP (SJ) No.3466 of 2021 dt.29-10-2021

29.06.2020. It is submitted that implication is based on subsisting

dispute with an oblique motive to coerce the appellants to come to

terms. The appellants have filed Cr Appeal (SJ) No 260 of 2021

for grant of anticipatory bail. However, in view of their arrest

during pendency of the same, Cr Appeal (SJ) No 260 of 2021 was

withdrawn with respect to the appellants on 28.09.2021. The

appellants are stated to be in custody since 16.05.2021.

6 Learned Special PP has opposed the prayer for bail. It

is submitted that specific allegation has been levelled against the

appellants. Further submission is that there is one antecedent of

the appellants for offences under the SC/ST Act.

7 Learned counsel for the appellants, however, submits

that in the said case, they are on bail. Now, it is pending before the

Judicial Magistrate and they have not been put on trial under the

offence punishable under the SC/ST Act.

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

FIR, and submission of parties, a case for grant of regular bail is

made out. The impugned order dated 12.07.2021 requires

interference by this Court, which is, accordingly, set aside.

9 This appeal is allowed. The impugned order dated

12.07.2021 passed by Additional Sessions Judge I -cum- Special Patna High Court CR. APP (SJ) No.3466 of 2021 dt.29-10-2021

Judge, SC/ST Act, Saran at Chapra in connection with Rasulpur

PS Case No 63 of 2020 is set aside.

10 Let the appellants above named be released on bail

on each of them 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 -cum- Special Judge,

SC/ST Act, Saran at Chapra in connection with Rasulpur PS Case

No 63 of 2020 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 appellants. The bailor will also undertake to

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

appellants.

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

date and if they fail to do so on two consecutive dates, their bail

will be liable to be cancelled.

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

AFR/NAFR                    NAFR
CAV DATE                     NA
Uploading Date          01.11.2021
Transmission Date       01.11.2021