Patna High Court – Orders
Rajesh Kumar vs The State Of Bihar on 24 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3913 of 2023
Arising Out of PS. Case No.-766 Year-2021 Thana- KUDHNI District- Muzaffarpur
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Rajesh Kumar S/O- Rajeshwar Rai Village- Bhagwatpur Ps- Vaishali Dist-
Vaishali
... ... Appellant/s
Versus
1. The State of Bihar
2. Nibha Kumari D/O Gajendra Paswan, R/O village- Sakari Saraiya, P.S.
Kudhni, District-Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Nachiketa Jha, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
8 24-06-2025
Heard Mr. Nachiketa Jha learned counsel for the
appellant and Mrs. Usha Kumari-I, learned Special Public
Prosecutor for the State as well as Mr. Arvind Kumar, learned
counsel for the Respondent No. 2.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
26.06.2023 passed by the learned A.D.J.-I-cum-Special Judge
SC/ST (POA) Act, Muzffarpur in ABP No. 1828 of 2023 in
connection with Kudhani (Kurhani) (Turki O.P.) P.S. Case No.
766 of 2021, F.I.R. dated 21.10.2021 registered under Sections
342, 323, 498A, 420, 504, 506 and 34 of the Indian Penal Code
and Sections 3 (i) (r) (s) of the Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.3913 of 2023(8) dt.24-06-2025
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Tribes Act.
3. According to the prosecution case, the appellant
and other co-accused persons have assaulted the respondent no.
2 and also abused her by taking her caste name.
4. Learned counsel for the appellant submits that
appellant has clean antecedent and he has falsely been
implicated in the present case merely on the ground that he is
husband of the informant. He further submits that the allegation
as alleged in the F.I.R. is false and fabricated and the appellant
has not committed any offences as alleged in the F.I.R. He
further submits although the appellant is named in the F.I.R. but
from perusal of the F.IR., it appears there is no specific
allegation of assault against this appellant rather there is specific
allegation is against the co-accused person, namely, Rakesh
Kumar who happens to be the brother of the appellant and he
has poured kerosene over the informant and the said Rakesh
Kumar and other co-accused persons have been granted
privilege of anticipatory bail vide order dated 07.07.2022 in Cr.
Appeal (S.J.) No. 292 of 2022 and apart from the occurrence
took place in the house of the appellant, hence the provision
under SC/ST shall not be attracted against the appellant.
5. Learned counsel appearing on behalf of the
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Respondent No. 2 (informant) as well as learned Special Public
Prosecutor for the State have vehemently opposed the prayer for
bail of the appellant and submits that the appellant is the
husband of the informant and he has the sole responsibility.
6. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
7. Considering the aforesaid facts, the appellant has
clean antecedent, there is no specific allegation of assault or
over act against the appellant and the co-accused persons
against whom there is serious allegation have granted privilege
of anticipatory bail by Co-ordinate Bench of this Court, let the
appellant, above named, in the event of his arrest to surrender
before the Court below within a period of thirty days from the
date of receipt of the order, be released on anticipatory bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
surities of the like amount each to the satisfaction of learned
A.D.J.-I-cum-Speical Judge SC/ST (POA) Act, Muzaffarpur in
connection with Kudhani (Kurhani) (Turki O.P.) P.S. Case No.
766 of 2021, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 and with
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other following conditions:-
i. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at
any stage it is found that the appellant has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Jyoti Kumari/-
U T