Deepak Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2983 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- KAJRA District- Lakhisarai ====================================================== Deepak Bind Son of Jaldhar Bind Resident of Village- Lakhna Saroni, P.S.- Kajara, District- Lakhisarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Binay Kumar Singh For the Respondent/s :

Mr. Binay Krishna, Spl. P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the appellant and learned Special P.P. for the State through video conferencing. The present appeal has been filed against order dated 08.02.2021 passed by learned Addl. Sessions Judge-I-cumSpecial Judge, Lakhisarai in Kajra P.S. Case No. 111 of 2020, registered for the offence punishable under Sections 341, 323, 354(A) of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST (POA) Act, whereby the prayer for bail of appellant has been rejected.

As per the prosecution case, this appellant is alleged to have abused the informant by her caste name and thereafter, forcibly caught hold of her and tried to outrage the modesty of the informant.

It is submitted on behalf of the appellant that

Patna High Court CR. APP (SJ) No.2983 of 2021(2) dt.26-07-2021 2/2 appellant has been falsely implicated in this case due to village politics and entire FIR is false and concocted. No case under the SC/ST Act is made out against the appellant, as the alleged occurrence has not taken place in a public view. The appellant has got clean antecedent, and he is in custody since 05.01.2021. Considering the nature of allegation and clean antecedent of the appellant, the impugned order dated 08.02.2021 is, hereby, set aside and this appeal is allowed. Let the appellant, above named, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-I-cum-Special Judge, Lakhisarai in connection with Kajra P.S. Case No. 111 of 2020. (Prabhat Kumar Singh, J.) anay U T