Shashi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4736 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- SC/ST District- Aurangabad ====================================================== Shashi Ranjan Kumar, S/o Yogendra Singh, R/o Vill.- Bhuiya, P.S.- Obra, Distrct- Aurangabad.

... ... Appellant

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Kanhaiya Pandey, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-02-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 26.10.2018 passed by Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Aurangabad, in A.B.P. filed by the appellant, by which learned Special Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Daudnagar SC/ST P.S.Case No. 23 of 2018, registered under Sections 341, 147, 323, 325, 504, 354 of the Indian Penal Code and Sections 3(i)(r), 3(i)(s), 3(i)(w)(i) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant is named in the FIR and there is allegation of accused persons, including the appellant is of trying to outrage the modesty of the informant and there is specific allegation against one Jeet Narayan Singh of assaulting and abusing her by taking her caste name. Submission of learned counsel for the appellant is that the allegation is general and omnibus in nature and he has no criminal antecedent. Heard learned Special P.P.

Patna High Court CR. APP (SJ) No.4736 of 2018 dt.04-02-2019 2/2 Having heard both sides and in the facts and circumstances, let the appellant, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Aurangabad, in connection with Daudnagar SC/ST P.S. case No. 23 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellant shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, the appeal is allowed and the impugned order dated 26.10.2018 is set aside.

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