Advocates:
['Mukesh Kumar', 'Sadanand Paswan', '', 'SADANAND PASWAN SPL P P']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.750 of 2020

Arising Out of PS. Case No.-1383 Year-2019 Thana- NAWADA District- Nawada

======================================================

NAGENDRA KUMAR Son of Ishwar Dayal Resident of Village - Mirzapur,

P.S.- Town, Dist.- Nawada.

... ... Appellant

Versus

The State of Bihar

... ... Respondent

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Appearance :

For the Appellant

:

Mr. P.K.Sahi, Senior Advocate

Mr. Mukesh Kumar, Advocate

For the Respondent

:

Mr. Sadanand Paswan, Spl. P.P.

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

ORAL ORDER

16

21-01-2021

Heard Mr. P.K.Sahi, learned Senior Counsel

appearing on behalf of the appellant and Mr. Sadanand Paswan,

learned Special Public Prosecutor.

2. This appeal has been preferred under Section

14A(2) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 for setting aside an order

dated 21.01.2020 passed in Special Case No. 58 of 2019, arising

out of Nawada Town P.S. Case No. 1383 of 2019, registered for

the offences punishable under Section 376 of the Indian Penal

Code, Section 4 of POCSO Act and Section 3(i)(xi), 3(2)v of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 passed by the learned Special Judge

(SC/ST Act)-cum-Additional District & Sessions Judge 1^st,

Nawada, whereby the prayer of the appellant for grant of regular

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2/13

bail has been rejected.

3. The informant has alleged in his written report,

which is the basis for registration of the First Information

Report that when the informant’s six-year old daughter was on

her way back home from school, the appellant, under some

allurement, took her to his house and touched the private parts

of her body. When she started weeping, she was allowed by the

appellant to go back to her home. The victim child is said to

have explained to the informant the entire story. Allegedly, the

informant, thereafter, went to the appellant’s place with the

victim where he found the appellant totally under the influence

of alcohol and was not even in a position to talk. The informant,

with the help of local people, caught hold of the appellant and

handed him over to the police. The alleged occurrence is of

28.11.2019. Since then, the appellant is in custody.

4. In the present memo of appeal, a plea has been

taken on behalf of the appellant that the appellant is not

mentally stable and he is undergoing treatment for last 15 years

under the supervision of a Psychiatrist of repute in the State of

Bihar.

5. Mr. P.K. Sahi, learned Senior Counsel appearing on

behalf of the appellant, has argued that the fact regarding the

Patna High Court CR. APP (SJ) No.750 of 2020(16) dt.21-01-2021

3/13

appellant’s mental condition was intimated by none else than by

the appellant’s wife to the Superintendent of Police immediately

after lodging of the First Information Report. He has referred to

the contents of the First Information Report to submit that even

as per the case of the prosecution, the appellant was not found

mentally stable when the informant had gone to accost him

about his conduct. He has also referred to certain averments

made in the memo of appeal and materials collected during the

course of investigation to contend that the appellant has been

trapped by the informant and his family members for wrongful

gain.

6. This is to be noted that in the light of the plea taken

on behalf of the appellant that he was not mentally stable, the

Court had directed for a medical examination of the appellant by

experts in the Psychiatry Department of the Patna Medical

College and Hospital, Patna (PMCH). The appellant was

produced by the jail authorities, where he was examined by two

Psychiatrists. A report, base