Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 30867 (JHR)

RAJENDRA SINGH v. THE STATE OF JHARKHAND

Cr.A(SJ)/21/2025 · 2025-06-13

Sanjay Prasad

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. ( 2025:JHHC:16412 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 17 of 2025 --------- 1.Shyam Narayan Singh 2.Kanchan Singh 3.Krishna Kumar Singh 4.Sri Kant Singh @ Srikant Singh ..… Appellants Versus 1.The State of Jharkhand 2.Malwa Devi ….. Respondents With Criminal Appeal (S.J.) No. 21 of 2025 --------- 1.Rajendra Singh 2.Sunil Singh 3.Mithilesh Singh ..… Appellants Versus 1.The State of Jharkhand 2.Malwa Devi ….. Respondents ---------- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellants : Mr. Amit Kr. Choubey, Advocate For the State : Mr. Rakesh Kr. Sinha, A.P.P. For the Resp. No.2 : Mr. Hadish Ansari, Advocate --------- 03/13.06.2025 Both these Criminal Appeals have been filed on behalf of the Appellants challenging the common Order dated 23.11.2024, passed in A.B.P. No. 384 of 2024 and A.B.P. No. 383 of 2024, by Ms. Kusum Kumari, learned Additional Sessions Judge-I-cum-Special Judge, SC/ST, Ramgarh, by which prayer for Anticipatory Bail made vide A.B.P. No. 384 of 2024 on behalf of Shyam Narayan Singh, Kanchan Singh, Krishna Kumar Singh, Sri Kant Singh @ Srikant Singh, i.e. Appellant No.s 1 to 4 respectively in Criminal Appeal No. (S.J.) No. 17 of 2025 and the prayer for Anticipatory Bail made vide A.B.P. No. Neutral Citation No. ( 2025:JHHC:16412 ) 2 383 of 2024 by Rajendra Singh, Sunil Singh and Mithilesh Singh, i.e. the Appellant No.s 1, 2 and 3 respectively in Criminal Appeal No. (S.J.) No. 21 of 2025 have been rejected in connection with SC/ST Case No.17 of 2023 (Arising out of Complaint Case No. 539 of 2023) instituted for the offences under Sections 323, 341, 427, 354, 386, 307, 379/34 of I.P.C. and Sections 3 (v) (xi) of Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, pending in the Court of Addl. Sessions Judge-I-cum- Special Judge, SC/ST, Ramgarh. 2. It is alleged in the Complaint Petition that on 28.05.2023, while the Complainant, namely Malwa Devi, i.e. Respondent No.2 in both the Criminal Appeals had gone to perform Bhumi Pujan, then all the eight appellants of both the appeals, i.e. Criminal Appeal (S.J.) No. 17 of 2025 and Criminal Appeal (S.J.) No. 21 of 2025, arrived there and abused the Complainant side in the name of their caste and assaulted Complainant and one of the appellants Srikant Singh alleged to have snatched silver chain worth Rs.3,000/- and other appellants are also alleged to have taken Rs. 10,000/- from the pocket of the son of the Complainant-Respondent No.2. 3. Heard Mr. Amit Kr. Choubey, learned counsel for the Appellants in both Criminal Appeal (S.J.) No. 17 of 2025 and Criminal Appeal (S.J.) No. 21 of 2025 , Mr. Rakesh Kr. Sinha, learned A.P.P. for the State and Mr. Hadish Ansari, learned counsel for the Respondent No. 2 in both the cases. 4. The learned counsel for the both the sides have submitted that the case has been compromised Neutral Citation No. ( 2025:JHHC:16412 ) 3 between the parties and the Complainant-Respondent No.2 is also present in the Court. 5. It is submitted that the appellants are innocent and have not committed any offence. It is submitted that the matter has been compromised between the parties and the both the sides have no grievance. It is submitted that joint compromise petitions have also been filed on 25.02.2025 vide I.A. No. 2463 of 2025 and I.A. No. 2464 of 2025 in Criminal Appeal (S.J.) No. 17 of 2025 and Criminal Appeal (S.J.) No. 21 of 2025 respectively on behalf of the Appellants as well as the Complainant, i.e. Respondent No.2 in both the cases and they have settled their dispute outside the Court and hence, the appellants may be granted Anticipatory Bail. 6. Learned A.P.P. has raised objection against the prayer for anticipatory bail. 7. Perused the record of this case and the compromise petitions dated 25.02.2025 filed in both the appeals, i.e. Criminal Appeal (S.J.) No. 17 of 2025 and Criminal Appeal (S.J.) No. 21 of 2025 and considered the submissions of learned counsels for both sides. 8. It appears that the occurrence had taken place on 28.05.2023 and the complaint petition was filed on 03.06.2023, i.e. after a delay of Six (06) days. 9. It appears that Mr. Shyam Narayan Singh, i.e. Appellant No. 1 in Criminal Appeal (S.J.) No. 17 of 2025 and Complainant-Malwa Devi, i.e. Respondent No. 2 in both the Criminal Appeals are present in the Court today. Neutral Citation No. ( 2025:JHHC:16412 ) 4 10. It further appears from the Joint Compromise Petition dated 25.02.2025, filed vide I.A. No. 2463 of 2025 and I.A. No. 2464 of 2025 in Criminal Appeal (S.J.) No. 17 of 2025 and Criminal Appeal (S.J.) No. 21 of 2025 respectively that the Complainant, i.e. Respondent No.2 and Appellants in both the cases have agreed to settle their dispute and further agreed not to proceed further in the matter and they have also stated in their respective Joint Compromise Petition that they have amicably settled and compromised their dispute and they did not want to proceed further with the case and hence, Complainant-Respondent No. 2 and the appellants of both the cases may be permitted to compromise the present case. It has also been stated that Appellant No. 1 of Criminal Appeal (S.J.) No. 17 of 2025, namely Rambriksh Singh has already died and his name has already been deleted vide Order dated 17.04.2025 passed by this Court. 11. The above I.A. No. 2463 of 2025 and I.A. No. 2464 of 2005 have been signed by Mr. Amit Kr. Choubey, learned counsel appearing on behalf of the appellants and Mr. Hadish Ansari, learned counsel appearing for the Complainant-Respondent No.2 in both the cases and the appellants of Criminal Appeal (S.J.) No. 17 of 2025, namely, 1) Shyam Narayan Singh, 2) Kanchan Singh, 3) Krishna Kumar Singh, 4) Sri Kant Singh @ Srikant Singh and the appellants of Criminal Appeal (S.J.) No. 21 of 2025, namely 1) Rajendra Singh, 2) Sunil Singh and 3) Mithilesh Singh and the Complainant, namely Neutral Citation No. ( 2025:JHHC:16412 ) 5 Malwa Devi have also sworn their respective affidavits and put their respective signatures and photocopies of their respective Aadhar Cards have also been enclosed with I.A. No. 2463 of 2025 and I.A. No. 2464 of 2005. 12. 12. Having heard learned counsel for the parties and on perusal of the averments made in Para 2 and 3 of I.A. No. 2463 of 2025 and I.A. No. 2464 of 2025, it appears that the appellants of both the criminal appeals, i.e. Criminal Appeal (S.J.) No. 17 of 2025 and Criminal Appeal (S.J.) No. 21 of 2025 and the Respondent No. 2, i.e. Complainant side do not want to proceed with these cases further and both the parties have amicably settled and compromised their dispute. 13. In view of the above, considering the factum of compromise between the Complainant, i.e. Respondent No. 2 and appellants in both the cases, the appellants of appellants of Criminal Appeal (S.J.) No. 17 of 2025, namely, 1) Shyam Narayan Singh, 2) Kanchan Singh, 3) Krishna Kumar Singh, 4) Sri Kant Singh @ Srikant Singh and the appellants of Criminal Appeal (S.J.) No. 21 of 2025, namely 1) Rajendra Singh, 2) Sunil Singh and 3) Mithilesh Singh are directed to surrender in the Court within a period of Six (06) weeks from the date of this order and in the event of their arrest or surrender, the appellants, namely Shyam Narayan Singh, Kanchan Singh, Krishna Kumar Singh, Sri Kant Singh @ Srikant Singh, Rajendra Singh, Sunil Singh and Mithilesh Singh are directed to be released on bail on their furnishing bail bonds of Rs.15,000/- (Rupees Twenty thousand) each with two sureties of the like amount each in connection Neutral Citation No. ( 2025:JHHC:16412 ) 6 with in connection with SC/ST Case No. 17 of 2023 (arising out of Complaint Case No. 539 of 2023), to the satisfaction of the Kusum Kumari, Addl. Sessions Judge- I-cum-Special Judge, SC/ST, Ramgarh or her Successor Court. 14. Thus, the common order dated 23.11.2024, passed in both A.B.P. No. 383 of 2024 and A.B.P. No. 384 of 2024, in connection with SC/ST Case No. 17 of 2023 (arising out of Complaint Case No. 539 of 2023), by Ms. Kusum Kumari, Addl. Sessions Judge-I-cum-Special Judge, SC/ST, Ramgarh is set aside. 15. Accordingly, the Criminal Appeal (S.J.) No. 17 of 2025 and Criminal Appeal (S.J.) No. 21 of 2025 are allowed and stand disposed of in terms of compromise. 16. Consequently, I.A. No. 2463 of 2025 and I.A. No. 2464 of 2025 are also allowed and stands disposed of. (Sanjay Prasad, J.) s.m.