Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 66700 (PAT)

Zahir Khan @ Dipak Kumar v. The State of Bihar

CR. APP (SJ)/3737/2024 · 2025-03-19

Anjani Kumar Sharan

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3737 of 2024 Arising Out of PS. Case No.-626 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Zahir Khan @ Dipak Kumar Son of Rajendra Yadav R/V- Village- Pacchahatti, P.s.- Bodhgaya, Distt.- Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Sonam Kumari D/O- Suresh Das R/V- Village- Dhangai, P.S.- Dhangai, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Durgesh Nandan, Adv. For the Respondent/s : Mr. Binay Krishna, Spl.PP. Mr. Jitendra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 5 19-03-2025 Heard learned counsels for the parties. 2. This is an appeal under Section 14(A)(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 for bail vide order dated 23.07.2024 passed by learned Exclusive Special Judge (SC/ST Act), Gaya in connection with Bodhgaya P.S. Case No. 626/2023 registered under Sections 376(D), 120(B)/34 of the Indian Penal Code and Sections 3 (ii), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. Learned counsel for the appellant submits that earlier Patna High Court CR. APP (SJ) No.3737 of 2024(5) dt.19-03-2025 2/2 vide detailed order dated 28.06.2024 passed in Criminal Appeal (SJ) No. 5705/2023, the prayer for regular bail of the appellant was rejected by this Court with an observation that the appellant would be at liberty to renew his prayer for bail after framing of charge. In compliance thereof, the charge has been framed against the appellant. He further submits that there is compromise between the parties. This fact is not denied by learned counsel for the informant. 4. In view of the aforesaid, the above named appellant is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (SC/ST Act), Gaya in connection with Bodhgaya P.S. Case No. 626/2023. 5. Accordingly, the impugned order is set aside and this appeal is allowed. divyanshi/- (Anjani Kumar Sharan, J) U T