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Patna High CourtCR. APP (SJ)/1616/2020allowed

Ranjit Singh @ Ram Babu Yadav v. The State Of Bihar

2021-01-05Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1616 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- SC/ST District- Bhojpur ====================================================== Ranjit Singh @ Ram Babu Yadav, S/o Kesho Singh, Resident of MohallaPakri, P.S.-Ara Nawada, District-Bhojpur. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ravindra Kumar, Advocate For the Respondent/s :

Ms. Usha Kumari No.-1, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-01-2021 Heard learned counsel for the parties through video conferencing.

The present appeal is directed against the order dated 11.06.2020, passed by learned Additional Sessions Judge-I, Bhojpur at Ara in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and Section 3(i)(r)(s)/3(2)(va) of the SC/ST (Prevention of Atrocities) Act, whereby anticipatory bail of the appellant has been rejected.

As per the F.I.R., the appellant is alleged to have abused the informant by calling her caste name and also

Patna High Court CR. APP (SJ) No.1616 of 2020(3) dt.05-01-2021 2/3 instigated the co-accused persons to assault the informant. It is submitted on behalf of the appellant that the alleged occurrence is said to have taken place on 13.01.2020 but the F.I.R. has been lodged on 15.01.2020 i.e., after a lapse of two days without any plausible explanation. There is case and counter case. The appellant's side has lodged Ara Nawada Police Station Case No. 42 of 2020 against this informant and in order to save skin, the informant has lodged the present case. Appellant has got clean antecedent as stated in paragraph no.3 of memo of the appeal.

However, learned Spl. P.P. for State vehemently opposed the prayer for bail.

Having regard to the submissions made by the parties and taking into consideration the materials available on record, this appeal is allowed and the impugned order dated 11.06.2020 is set aside.

Accordingly, in the event of arrest or surrender by the appellant, above named, before the Court below within six weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Bhojpur at Ara in SC/ST

Patna High Court CR. APP (SJ) No.1616 of 2020(3) dt.05-01-2021 3/3 Case No. 10 of 2020 arising out of SC/ST Police Station Case No.04 of 2020.

(Prabhat Kumar Singh, J) Ankit/- U T