Virendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1012 of 2022 Arising Out of PS. Case No.-480 Year-2021 Thana- MANJHI District- Saran ====================================================== 1.

VIRENDRA PANDIT S/o Parau Pandit Resident of Village- Teghra, Police Station- Manjhi, District- Saran 2.

Nitu Devi W/o Rambabu Pandit Resident of Village- Teghra, Police StationManjhi, District- Saran 3.

Arti Devi W/o Shambabu Pandit @ Shyambabu Pandit Resident of VillageTeghra, Police Station- Manjhi, District- Saran 4.

Shobha Kumari D/o Virendra Pandit Resident of Village- Teghra, Police Station- Manjhi, District- Saran ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

BABUNTI DEVI W/o Shiv Kumar Ram Resident of Village- Teghra, P.S.- Manjhi, District- Saran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Harish Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 09.02.2022 passed by learned 3rd Additional District And Sessions Judge - cum- Special Judge SC/ST Act, Saran in ABP No. 203/2022 whereby the prayer for bail of the appellant in connection with Manjhi P.S. Case no. 480/2021 under Section 341, 323, 325,307,504,34 of the Indian Penal Code and sections 3(r)(s)of SC/ST Act was rejected.

Patna High Court CR. APP (SJ) No.1012 of 2022(2) dt.07-07-2022 2/3 Allegations against the appellants are of abusing by taking the caste name of the informant and assaulted the informant badly by various weapons and co-accused Rambabu Pandit pulled her sari and assaulted by Daab on her head. It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case due to previous land dispute and dirty village politics. They have not taken the cast name of the informant in public view. They have got no criminal antecedent. Specific allegation of assault in against co-accused Rambabu Pandit and not against the petitioners. No offence is made out under the provisions of the SC/ST Act against them. The appellants have no intention to disgrace the image of the informant in public view. The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 09.02.2022 passed in A.B.P. No. 203/2022 is hereby set aside.

The appellant is directed to be enlarged on bail in

Patna High Court CR. APP (SJ) No.1012 of 2022(2) dt.07-07-2022 3/3 connection with Manjhi P.S. Case No. 480 of 2021 in the event of arrest or surrender before the court below within a period of four weeks on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional District And Sessions Judge - cum- Special Judge SC/ST Act, Chapra, Saran. (Sunil Kumar Panwar, J) sushma/- U