Raffickujjama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1698 of 2023 Arising Out of PS. Case No.-367 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== Raffickujjama Son Of Late Badre Alam Resident Of Village-Awapur, P.S.- Pupri, District-Sitamarhi ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Munita Kumari Daughter of Shiv Kumar Das Resident of village -Awapur, Ward no.-05, P.S-Pupri, District-Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Md. Shahnawaz Ali For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 16.02.2023 passed by learned 1st Additional Sessions Judge-cum-Special Judge SC/ST Act, Sitamarhi in connection with Pupri P.S. Case No. 367 of 2020 instituted for the offences punishable under Sections 341, 323, 354(B), 376/511/34 of the Indian Penal Code and Section 3(1)(w)(i), 3(2)(va) of the SC/ST Act whereby his prayer for being released on bail has been rejected.

Patna High Court CR. APP (SJ) No.1698 of 2023(6) dt.12-10-2023 2/3 It is a case of outraging the modesty of the informant, assaulting and abusing her by calling caste name.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the appellant and for a petty dispute, the present false accusation has been levelled against the appellant. The injury of the victim is simple in nature. As per F.I.R, the occurrence did not take place in public view. Hence, the provision under SC/ST Act would not be applicable in the case of the appellant. The appellant is in custody since 06.02.2023.

In contra, 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 16.02.2023.

Patna High Court CR. APP (SJ) No.1698 of 2023(6) dt.12-10-2023 3/3 Accordingly, this appeal is allowed.

The appellant, above named, is directed to be 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 1st Additional District & Sessions Judge-cum-Special Judge, SC/ST Act, Sitamarhi in connection with Pupri P.S. Case No. 367 of 2020.

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