Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1017 of 2023 Arising Out of PS. Case No.-319 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== Jitendra Kumar S/O Late Shiv Narayan Singh Resident Of Village- Sabajpura, P.S.- Dulhin Bazar, District- Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Aasha Devi W/O Randhir Paswan Resident Of Village- Sabajpur, P.S.- Dulhin Bazar, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Prerna Anand For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 31.01.2023 passed by learned Special Judge, SC/ST Act, Patna in connection with Dulhin Bazar P.S. Case No. 319 of 2022 instituted for the offences punishable under Sections 341, 323, 354, 504 of the Indian Penal Code, and Sections 3(1)(r)(s) of the SC/ST Act whereby his prayer for being released on bail has been rejected. It is a case of outraging the modesty of the informant and abusing her by calling her caste name by

Patna High Court CR. APP (SJ) No.1017 of 2023(2) dt.27-04-2023 2/3 the appellant.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The allegation levelled against the appellant is false and concocted and in preplanned manner only to grab dues money of the appellant by the informant. The appellant is in custody since 09.12.2022. A statement has been made in para 3 of the petition that appellant has clean antecedent. Learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 31.01.2023 passed by learned Special Judge, SC/ST Act, Patna in connection with Dulhin Bazar P.S. Case No. 319 of 2022.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be

Patna High Court CR. APP (SJ) No.1017 of 2023(2) dt.27-04-2023 3/3 released 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 Special Judge, SC/ST Act, Patna in connection with Dulhin Bazar P.S. Case No. 319 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T