IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5381 of 2019
Arising Out of PS. Case No.-33 Year-2019 Thana- SC/ST District- Vaishali
VIJAY KUMAR THAKUR @ MUNNA THAKUR Son of Late Shiva
Chandra Thakur Resident of Village – Panapur Langa, P.S.- Sadar (Hajipur),
Distt.- Vaishali, at Present Mohalla – Bhagwat Market, Kutchehary Road,
Hajipur, P.S.- Town (Hajipur), Distt.- Vaishali.
… … Appellant/s
Versus
The State of Bihar
… … Respondent/s
Appearance :
For the Appellant/s : Mr.Uday Prakash Shrarma, Adv
For the Respondent/s : Mr.Binay Krishna, APP
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 10-12-2019
Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the
Scheduled Castes and SectionScheduled Tribes (Prevention of Atrocities)
Act, 1989 against the refusal of prayer for bail by order dated
27.11.2019 in SC/ST Hajipur P.S.Case No.33 of 2019 passed by
the learned 1st Addl. Sessions Judge-cum-Special Judge, Hajipur at
Vaishali registered under Sections 376,Section341,Section323,Section504,Section379 of the
Indian Penal Code and Sections 3(i)(r)(s)Section3(2)(xii)(va) of the
Scheduled Castes and SectionScheduled Tribes (Prevention of Atrocities)
Act, 1989.
The matter was adjourned for today on the prayer of
learned counsel for the informant, however, no one appears on
behalf of the informant.
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Learned counsel for the appellant submits that learned
counsel for the informant verbally told that he had no instruction
from the client now.
Appellant is an advocate. He was appearing on behalf of
the husband of the informant of this case in Case No.304 of 2014 ,
a case under Section 498A I.P.C. pending in the court at Hajipur.
The aforesaid fact finds substantiated from the Vakalatnama filed
by the appellant in that case. A copy of the same is available with
supplementary affidavit. Appellant has stated on oath that he has
got no criminal antecedent.
Allegation in the FIR is that the appellant asked the
informant to come to his residence and assured for help of every
kind in the case. Believing the appellant, the informant agreed to
everything what the appellant said and taking advantage of the
situation, the appellant made physical relation with her and got a
video clip of what the appellant did. Showing the same to
informant the appellant sexually exploited the informant off and
on. After the same occurrence committed against the informant on
08.09.2019, the FIR was lodged.
Learned counsel for the appellant submits that no video
clip was provided to the police to substantiate the allegation rather
entire allegation is concocted one, just to harass the appellant in
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not appearing for the husband of the informant in the criminal case
pending before the court. Learned counsel for the appellant further
submits that the informant is in the habit of lodging false criminal
cases to get wrongful gain. She had lodged Complaint Case
No.2958 of 2012 in the court of learned Chief Judicial Magistrate,
Hajipur, (a copy at Annexure-2), against the local Block
Development Officer, alleging therein that the Block Development
Officer called her at his residence and to show some favour
established physical relation with the complainant. Learned
counsel for the appellant further submits that the same informant
had filed a case for theft against her landlord. Likewise a lady
Doctor, Dr. Priyanka had lodged a criminal case against the
informant of this case and others. Appellant is in custody since
17.11.2019.
Considering the entire background of the case as well as
the background of the present allegation, if the professionals
would be allowed to be harassed in the manner as has been done
by the informant in this case, it would be very difficult, to survive
or stand for anyone, for the man like the appellant. Therefore, in
my view, the appellant deserves to be released on bail.
Accordingly, let the appellant, above named, be released on bail on
furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two
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sureties of the like amount each to the satisfaction of the learned
Court-below where the case is pending in connection with the
aforesaid case, with condition that both bailors shall be resident of
territorial jurisdiction of the learned court below and further the
appellant shall fully cooperate with the investigation/trial of the
case, failing which the court below shall be at liberty to cancel the
bail bond of the appellant.
Accordingly, the impugned order is set aside and this
appeal stands allowed.
(Birendra Kumar, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.12.2019
Transmission Date 14.12.2019