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Patna High CourtCR. APP (SJ)/2038/2022allowed

Mr. Ramnath Rai v. The State Of Bihar

2022-10-13Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2038 of 2022 Arising Out of PS. Case No.-53 Year-2020 Thana- NAYAGAON District- Saran ====================================================== Mr. Ramnath Rai, S/o Late Yogendra Rai, R/o Mohalla- Sarriya, P.O.- Khanjahachak, P.S.- Lalganj, District- Vaishali ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rinku Devi, W/o Prabhu Paswan, R/o Village- Singinipur, P.S.- Naya Gaon, District- Saran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

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

Mrs. Usha Kumari 1, Spl. PP For Respondent No.2 : Mr. Kaushal Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-10-2022 Heard Mr. Baban Kumar, learned counsel appearing on behalf of the appellant, Mr. Kaushal Kishore, learned counsel for respondent no.2 and learned Spl. P.P. for the State. Earlier vide order dated 21.07.2022 after taking into account the materials available on record, as also considering the nature of allegation, provisional bail was granted to the appellant.

On service of notice to respondent no.2, she entered her appearance through learned counsel and submits, inter alia, that there is specific allegation against the appellant that despite allotment of all the installments by the Government, work has not been executed by the appellant and further he has used

Patna High Court CR. APP (SJ) No.2038 of 2022(3) dt.13-10-2022 2/2 abusive language against the respondent no.2 and also insulted by taking her caste name.

Learned counsel for the State also opposes the prayer for bail of the appellant.

Regard being had to the submissions made on behalf of the parties and considering the submissions made on behalf of the learned counsels, the earlier order dated 21.07.2022 whereby the provisional bail was granted to the appellant is hereby confirmed.

Accordingly, the impugned order dated 27.10.2021, passed in Naya Gaon P.S. Case No. 53 of 2020, is set aside and the present appeal stands allowed.

(Harish Kumar, J) uday/- U T