IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.530 of 2025 Arising Out of PS. Case No.-264 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Amresh Kumar S/o Mukesh Rajak R/o Village- Pachaut, PS- Beldour, District- Khagaria ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Pramila Devi W/o Late Premeshwar Sada R/o vill - Pachaut, P.S.- Beldour, Distt.- Khagaria ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Kumar Vikram For the Respondent/s : Mr.Binay Krishna For the Informant : Mr. Ranjeet Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 6 21-08-2025 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 24.10.2024 passed by the learned Additional Sessions Judge 1st Cum- Special Judge, SC/ST Act, Khagaria in connection with Baldaor P.S. Case No. 264/2024, Special (SC/ST) G.R. No. 84/2024 dated 23.07.2024 registered for the offence/s punishable u/s 103(1) read with Section 3(5) of the B.N.S. and Patna High Court CR. APP (SJ) No.530 of 2025(6) dt.21-08-2025 2/4 Sections 3(2)(v) of the SC/ST Act. 3. As per the prosecution case, the informant has alleged that the appellant and the co-accused persons in connivance with one another have killed the informant's daughter under conspiracy. The informant has further alleged that there was a love affair between her daughter and the co- accused, Rahul Kumar who was continuously putting pressure on deceased for marriage, which she refused. On refusal, the co- accused Rahul Kumar with his friends murdered her daughter and hanged her dead body in the mango orchard. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. In para. 37 of the case diary, the confessional statement of the co- accused Rahul Kumar is mentioned in which he has stated that the deceased was pressurizing him to marry her and her family was not accepting this. On this, the petitioner caught head of the deceased and the co-accused persons, Nepali, Shubham and Chunnu caught legs of the deceased and the co-accused, Rahul Patna High Court CR. APP (SJ) No.530 of 2025(6) dt.21-08-2025 3/4 Kumar strangled her to death and hung her on the mango tree from her dupatta and threw her mobile in the grass. The appellant has no criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 26.07.2024. 5. Learned Spl. P.P. for the State as well as the learned counsel for the informant have vehemently opposed the prayer of bail by submitting that the appellant is also involved in the alleged crime. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 24.10.2024 passed by the learned Additional Sessions Judge 1st Cum- Special Judge, SC/ST Act, Khagaria in connection with Baldaor P.S. Case No. 264/2024, Special (SC/ST) G.R. No. 84/2024 is set aside against the appellant. The criminal appeal is allowed. 7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st Cum- Special Judge, SC/ST Act, Khagaria in connection with Baldaor P.S. Case No. 264/2024, Special (SC/ST) G.R. No. 84/2024, with further condition:- Patna High Court CR. APP (SJ) No.530 of 2025(6) dt.21-08-2025 4/4 (i). The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellant are liable to be cancelled. atul/- (Chandra Prakash Singh, J) U T