Patna High Court
Sonu Kumar vs The State Of Bihar on 15 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 14200 of 2021
Arising Out of PS. Case No.-311 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj
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Sonu Kumar, aged about 19 years, Male Son of Munna Sah, Resident of
Village- Usri Bazar, PS- Baikunthpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Senior Advocate with
Mr. Manish Kumar Singh, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Rajeev Ranjan, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 15-09-2021
The matter has been heard via video conferencing.
2. Heard Mr. Rajesh Kumar Singh, learned senior
counsel along with Mr. Manish Kumar Singh, learned counsel
for the petitioner; Mr. Jharkhandi Upadhyay, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State and Mr. Rajeev Ranjan, learned counsel for the informant.
3. The petitioner is in custody in connection with
Baikunthpur PS Case No. 311 of 2019 dated 04.12.2019,
instituted under Sections 326/34 of the Indian Penal Code and
8/12 of the Protection of Children from Sexual Offences Act,
2012.
Patna High Court CR. MISC. No.14200 of 2021 dt.15-09-2021
4. This is the second attempt for bail by the petitioner
as earlier such prayer was rejected by judgment dated 07.07.2020
passed in Cr. Misc. No. 15706 of 2020.
5. Learned senior counsel for the petitioner submitted
that though in the last order of rejection, the Court had noticed
the submissions of learned APP that the girl was examined on
the same day by the doctor i.e., 04.12.2019, but from the
medical report, copy of which has been made Annexure-3, it
transpires that the same has been signed by the doctor on
26.12.2019, in which it has been stated that the injury had been
caused within two hours. Thus, learned senior counsel submitted
that the allegation being that the petitioner had thrown acid on
the face of the victim on 04.12.2019, gets falsified and the
doctor has found the injury to have been caused within two
hours on 26.12.2019 i.e., more than three weeks after the
alleged incident.
6. On 04.08.2021, in view of the aforesaid submissions
of learned senior counsel for the petitioner, the Court had asked
learned APP to obtain the up-to-date legible photo copy of the
entire police papers including the case diary of Baikunthpur PS
Case No. 311 of 2019, as also copy of the injury reports of the
Patna High Court CR. MISC. No.14200 of 2021 dt.15-09-2021
victim, from the Superintendent of Police, Gopalganj. The same
have been received by him.
7. Learned senior counsel for the petitioner submitted
that the injury report disclosing the date of the report as
26.12.2019 and indicating that the same was caused within two
hours clearly demolishes the prosecution case. Further, it was
submitted that besides the said injury report, no other document
has been filed by the prosecution while submitting chargesheet
against the petitioner and, thus, the veracity and correctness of the
allegation is under serious doubt. Learned senior counsel
submitted that co-accused Raja Kumar has been granted bail by a
co-ordinate Bench by order dated 20.05.2021 passed in Cr. Misc.
No. 38 of 2021. It was submitted that in the said case, the Court
had issued notice to the informant and the victim but they had not
appeared before the Court.
8. Learned APP, from the case diary, submitted that the
Superintendent of Police, Gopalganj has also sent a report
obtained from the In-charge of the Health Centre, Baikunthpur in
which it has been stated that the victim was brought to the Centre
on 04.12.2019 itself and after making entry in the Register with
regard to her injuries, she was referred to Patna Medical College
and Hospital where she went on an ambulance and it has further
Patna High Court CR. MISC. No.14200 of 2021 dt.15-09-2021
been stated that the doctor who had seen her, namely, Dr. Kumar
Nishant, had prepared a formal injury report on 26.12.2019. Thus,
it was submitted that the report details the injury which were
found on the victim on 04.12.2019 itself, but an extract and formal
writing of the injury report was done on 26.12.2019, which does
not mean that the injury suffered was on 26.12.2019 within two
hours. Learned APP submitted that the victim girl and witnesses
have been very specific and categorical that it was the petitioner
along with co-accused who had thrown acid on her and while
trying to save herself, the acid came in contact to her face leading
to acid burn injuries.
9. Learned counsel for the informant, from the counter
affidavit filed by him, submitted that the discharge certificate of
Patna Medical College and Hospital, copy of which has been
annexed to the counter affidavit, shows that there was chemical
burn over the face and that it would require plastic surgery as has
been noted in the advice of discharge. Further, learned counsel
submitted that the reason for the informant and petitioner not
appearing before the co-ordinate Bench was that it was in the peak
of the second wave of the COVID-19 pandemic due to which
movement of the informant and the victim was curtailed.
Patna High Court CR. MISC. No.14200 of 2021 dt.15-09-2021
10. Learned senior counsel for the petitioner submitted
that such clarification which has now been forwarded to the Court
by the In-charge of the Health Centre, Baikunthpur with regard to
the injury report is of no evidentiary value as it cannot be placed
before the Court since neither such report nor the report from the
Patna Medical College and Hospital were submitted in support of
the chargesheet filed by the police.
11. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, the
Court would only observe that at the present stage, the Court is
only required to form an overall perception with regard to the
merits of the matter, especially in light of the allegations made in
the FIR and the police investigation leading to submission of
chargesheet against the petitioner. With such object, the report
which has come to the Superintendent of Police, Gopalganj, which
includes the report of the Patna Medical College and Hospital as
also the Health Centre, Baikunthpur, where the victim was
initially taken after the incident as also the materials which have
surfaced during investigation, the Court is not inclined to grant
bail to the petitioner as it does not find any mitigating
circumstances for the same.
Patna High Court CR. MISC. No.14200 of 2021 dt.15-09-2021
12. As far as grant of bail to co-accused Raja Kumar is
concerned, the Court would only observe that the report with
regard to entry made in the register of the Health Centre,
Baikunthpur as also that of the Patna Medical College and
Hospital were not before the co-ordinate Bench.
13. Thus, taking an overall view in the matter, the
petition stands dismissed.
14. However, in view of the fact that chargesheet has
been filed, the Court below is directed to expedite the trial.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
