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2026 DAILYLAW 17608 (PAT)

Balmiki Singh v. The State of Bihar

CR. APP (SJ)/1194/2026 · 2026-06-09

Criminal Appealbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1194 of 2026 Arising Out of PS. Case No.-64 Year-2025 Thana- SC/ST District- Patna ====================================================== 1. Balmiki Singh Son of Late Mahendra Singh R/o Village - Chhoti Kopa, PO and PS - Naubatpur, Distt.- Patna. 2. Balmukund @ Balmukund Kumar Son of Balmiki Singh R/o Village - Chhoti Kopa, PO and PS - Naubatpur, Distt.- Patna. 3. Bholu Kumar @ Bholu @ Lukesh S/o Sri Balmiki Singh R/o Village - Chhoti Kopa, PO and PS - Naubatpur, Distt.- Patna. 4. Pushpa Devi W/o Sri Balmiki Singh R/o Village - Chhoti Kopa, PO and PS - Naubatpur, Distt.- Patna. ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Chandra Bhushan Upadhyay For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 09-06-2026 1. Heard the parties. 2. The appellants has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for bail vide order dated 17.02.2026 passed by the learned Exclusive Special Judge, SC/ST, Patna in connection with Patna P.S. Case No. 64 of 2025 registered for the offences under Sections 126(2), 115(), Patna High Court CR. APP (SJ) No.1194 of 2026(2) dt.09-06-2026 2/3 74, 352, 351(2), 351(3), 3(5) of BNS and Sections 3(i)(r) (W), 3(2)(va) of SC/ST Act. 3. Present appeal is well within limitation as prescribed under Section 14A(3) of the Act. 4. The allegation against the appellants is to outrage the modesty of the informant during the occurrence and also of physical assault, where the assault as alleged was made by using broom (jharu). 5. Learned counsel appearing for the appellants submitted that though FIR, in issue, was under Section 354 of IPC but there is no allegation available against outraging of modesty. It is submitted that the matter was compromised between the parties after intervening of their well wishers. In support of compromise learned counsel pointed out counter affidavit dated 02.04.2026 filed by respondent no. 2/ informant. 6. Learned Spl.PP while opposing the prayer of bail could not disputed the factual aspect of compromise. 7. In view of aforesaid factual submissions and by taking note of fact, as the matter appears compromised Patna High Court CR. APP (SJ) No.1194 of 2026(2) dt.09-06-2026 3/3 between the parties in terms of counter affidavit dated 02.04.2026, accordingly, above named appellants, in the event of their arrest or surrender before the learned trial Court, within a period of six weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST, Patna/concerned Court where the case is pending in connection with Patna P.S. Case No. 64 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 8. Accordingly, impugned order dated 17.02.2026 as passed through A.B.P. No. 406 of 2026 is hereby set/quashed. 9. Hence, appeal stands allowed. Sudha/- (Chandra Shekhar Jha, J) U T