Chhotu Singh @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1529 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== Chhotu Singh @ Chhotu Kumar S/o Kapil Singh Resident of Village- Bara, P.s.- Moffasil, District- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

Mala Devi W/o Niraj Manjhi Resident of Village- Usari Tola Bhagalpur Buniyadganj, District- Gaya.

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

For the Appellant/s :

Mr. Nand Kishore Prasad Sinha For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2022 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 01.02.2022 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Buniyadganj P.S. Case No. 179 of 2021 instituted for the offences punishable under Sections 457, 354(B) of the Indian Penal Code and Section 3(2)(ra) of the SC & ST (Prevention of Atrocities) Act, whereby their prayer for being released on anticipatory bail has been rejected. It is a case of after entering the house,

Patna High Court CR. APP (SJ) No.1529 of 2022(2) dt.14-07-2022 2/3 outraging the modesty and abusing by calling caste name to the informant by the appellant.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. There is general and omnibus allegation against the appellant. It is further submitted that although the informant has lodged the F.I.R. against this petitioner but in her statement recorded under Section 164 Cr.P.C. which is annexed in this petition she has not supported the prosecution case and she has categorically stated in her statement that the appellant has not committed any offence with her so appellant is innocent, the prosecution is falsified itself on the basis of statement made by the informant. As per F.I.R, the occurrence has not committed in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated

Patna High Court CR. APP (SJ) No.1529 of 2022(2) dt.14-07-2022 3/3 01.02.2022 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Buniyadganj P.S. Case No. 179 of 2021.

Accordingly, this appeal is allowed.

The appellant, above named is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today and on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Buniyadganj P.S. Case No. 179 of 2021. (Sunil Kumar Panwar, J) mdrashid/- U T