Ranjeet Yadav @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2111 of 2023 Arising Out of PS. Case No.-88 Year-2022 Thana- DHANARUA District- Patna ====================================================== 1.

RANJEET YADAV @ RANJEET KUMAR Son of Late Dinesh Yadav @ Bhadi Yadav Resident of Village - Bhedgawa, Police Station - Dhanarua, District - Patna.

2.

Bhura Yadav @ Shankar Yadav @ Ravi Shankar Kumar Son of Late Dinesh Yadav @ Bhadi Yadav Resident of Village - Bhedgawa, Police Station - Dhanarua, District - Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Urmila Devi Wife of Deepak Manjhi Resident of Village - Bara Barda, Police Station - Vikram, District - Patna, At present Resident of Village - Bhergama, Police Station - Dhanarua, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Raj Krishna Jha For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the appellants, leaned counsel for the informant and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellants against the order dated 5.4.2023 passed by learned special Judge SC/ST, Patna Serial No. 43 of 2022 whereby the prayer for bail of the appellants in connection with Dhanaura P.S. Case no. 88 of 2022 under Sections 147, 149, 341, 323, 325, 337, 354(B), 379, 504, 506 of the Indian Penal Code and sections 3(i)(r)(s), 3(2)(va) of SC/ST Act was rejected.

According to the FIR, the appellants are alleged to

Patna High Court CR. APP (SJ) No.2111 of 2023(3) dt.03-08-2023 2/3 have assaulted the informant along with her family members and also abused by taking their caste name. It is also submitted that the accused persons also outraged the modesty of the informant.

It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case due to dirty village politics. They have got no criminal antecedent as stated in para-3 of the bail petition. The appellants have not taken the caste name of the informant in public view hence, no offence is made out under the provisions of the SC/ST Act against them. It is also submitted that good sense has been prevailed between the parties as apparent from Annexure-2. Moreover, both the appellants are languishing in judicial custody since 20.2.2023.

The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 5.4.2023 passed in Serial No. 43 of 2022 is hereby set aside.

Patna High Court CR. APP (SJ) No.2111 of 2023(3) dt.03-08-2023 3/3 The appellants are directed to be enlarged on bail in connection with Dhanarua P.S. Case No. 88 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T