Ruchi Sinha v. State Of Bihar And ANR

Patna High Court CR. APP (SJ) No.1926 of 2017 (3) dt.18-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1926 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Ruchi Sinha, Daughter of Shri Sunil Kumar Sinha, resident of House No. 3/72, Sinha Sadan, New Area Gandhinagar, Hinoo, P.S.- Doranda, District- Ranchi.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Abhinav Srivastava For the Respondent/s : Smt Usha Kumari No-1 For the complainant : Mr. Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-08-2017 The appellant seeks pre arrest bail in connection with Case No. 116C of 2016( SC/ST No. 184/2017) registered for offences punishable under Sections 3(i)(vii) and 3(1)(x) of SC/ST Act (POA) Act.

Allegation against the appellant that she abused the complainant by taking her caste name.

It has been submitted on behalf of the appellant that the appellant at the relevant time was Block Project Officer, in JEEVIKA and complainant earlier also has filed a case against the appellant before the District Magistrate, who after investigation did not find the case true, which will appear from annexure -8 of this petition and further the allegation was also not found true by

Patna High Court CR. APP (SJ) No.1926 of 2017 (3) dt.18-08-2017 the internal complaint committee of JEEVIKA and when the complainant failed to obtain any order from the above authorities, she has filed the present false case.

Heard learned Special P.P. also as well as learned counsel for the complainant, they have opposed the prayer for bail on the ground of maintainability.

Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellant, as such, this appeal is not maintainable.

Let appellant surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the above submission of learned counsel for the appellant and also that the appellant is a lady, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T