Arun Singh @ Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.781 of 2024 Arising Out of PS. Case No.-93 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Arun Singh @ Arun Kumar Singh Son Of Dhodhari Singh Resident Of Village- Baligaon, Ps- Baligaon, Dist- Vaishali ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Reema Devi Wife Of Dinesh Paswan Resident Of Village- Akhtiaspur Dodhra, Ps- Baligaon, Dist- Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vinay Kumar Mishra, Advocate For the Respondent/s :

Ms. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2024 Despite filing Vakalatnama, none appears on behalf of the respondent No. 2.

2. Heard learned counsel for the appellant and the State.

3. This criminal appeal has been filed against the order dated 16.12.2023 passed by learned Exclusive Special Judge, SC/ST Act-cum-Additional District and Sessions JudgeXI, Vaishali at Hajipur in ABP No. 2992 of 2023 in connection with Baligaon P.S. Case No. 93 of 2023, instituted under Sections 341, 323, 324, 504, 506, 354(A), 354(B)/34 of the Indian Penal Code and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

Patna High Court CR. APP (SJ) No.781 of 2024(4) dt.26-09-2024 2/3 whereby the prayer for anticipatory bail of appellant has been rejected.

4. Prosecution case, in brief, is that on 03.07.2023 at about 7:15 PM, co-accused Raju Sahani called informant for giving money at Bharatipur High School and when informant reached there, then this appellant along with other accused persons came there and tried to outrage her modesty. It is further alleged that this appellant assaulted informant by means of knife and on protest, all the accused persons abused her by caste name.

5. Learned counsel for the appellant submits that on bear perusal of F.I.R. it is evident that there is no allegation of abuse by caste name against appellant, as such, no offence under SC/ST Act is made out against him. Though there is allegation of assault by knife but till date doctor has not opined about nature of injury. It is further submitted that similarly situated coaccused, namely, Raju Sahani has already been granted anticipatory bail by this Hon'ble Court vide order dated 18.07.2024 passed in Cr. Appeal (SJ) No. 5213 of 2023.

6. Learned Spl. Public Prosecutor for the State opposed the bail application.

7. Considering the aforesaid facts, let the appellant, as

Patna High Court CR. APP (SJ) No.781 of 2024(4) dt.26-09-2024 3/3 named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act-cum-Additional District and Sessions Judge-XI, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 93 of 2023.

8. Accordingly, this criminal appeal is allowed and impugned order dated 16.12.2023 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J) Navya/- U T