Patna High CourtCR. APP (SJ)/1012/2024bail granted

Sima Devi v. The State Of Bihar

2024-04-18Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1012 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Sima Devi Wife of Lakkhindar Singh Resident of Village- Madhubani Kala, P.S.- Chiraiya, District- Motihari ... ... Appellant/s

Versus

The State of Bihar 2.

Satyendra Paswan Son of Late Hiraman Paswan Resident of VillageAbhirajpur Bairiya, P.S.- Piprahi, District- Sheohar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Abhishek Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, Special P.P.

Mr. Hemant Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Let the defect(s) as pointed out by the Stamp Reporter be ignored.

2. Heard learned counsel for the appellant and learned counsel for the Special P.P.

3. The appellant has preferred the present appeal filed under Section 14(A)(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 09.01.2024 passed by learned Additional District & Sessions Judge-cum-Special Judge, SC/ST Act, Sheohar in Piprahi P.S. Case No. 107 of 2023 instituted for an offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code and Sections 3(2)(v) of the SC/ST Act by which the

Patna High Court CR. APP (SJ) No.1012 of 2024(3) dt.18-04-2024 2/3 appellant's prayer for bail was rejected.

4. Allegation against the appellant along with other co-accused persons is that they abducted the daughter of the informant for the purpose of marriage.

5. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case due to dirty village politics at the instance of her hidden enemies. He next submits that the statement of the daughter of the informant was recorded under section 164 of the Cr.P.C. wherein she has not taken the name of the appellant. He next submits that similarly situated co-accused persons have already been granted bail by this Court in Cr. Appeal (SJ) No. 3821 of 2023, 4542 of 2023 and 4765 of 2023 and appellant has got clean antecedent as stated in para-3 of the petitioner and he is in custody since 16.12.2023.

6. The learned Special P.P. opposed the prayer for bail of the appellant.

7. Having heard learned counsel for the parties and taking into consideration, this court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 09.01.2024 is hereby set aside.

8. The appellant is directed to be released on bail in

Patna High Court CR. APP (SJ) No.1012 of 2024(3) dt.18-04-2024 3/3 connection with Piprahi P.S. Case No. 107 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-cum-Special Judge, SC/ST Act, Sheohar.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T