Ravi Kumar @ Ravi Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2245 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Ravi Kumar @ Ravi Kumar Sah son of Mewalal Sah Village- Ramnagar Near Indane Gas Agency Ps- Muffasil Dist- Saran 2.
Mewalal Sah son of Kathil Sah Village- Ramnagar Near Indane Gas Agency Ps- Muffasil Dist- Saran ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Ajadi Ram son of Late Rajendra Ram Village- Ajad Nagar Near TPS College Ramnagar Ps- Muffasil Dist- Saran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjay Kumar Jha, Adv For the Respondent/s :
Mr. Sadanand Paswan, Spl. P.P.
For Res. No. 2 :
Mr. Alexander Ashok, Adv Mr. Jawed Akhtar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2025 Heard learned counsel for the parties.
2. This criminal appeal has been filed against the order dated 16.04.2024 passed by learned SC/ST Exclusive Special Judge, Saran at Chapra in ABP No. 1132 of 2024 in connection with Muffasil P.S. Case No. 134 of 2024, instituted under Sections 366 of the Indian Penal Code and Sections 3(i)(r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected.
Patna High Court CR. APP (SJ) No.2245 of 2024(4) dt.20-02-2025 2/3
3. Prosecution case, in brief, is that on 11.3.2024 in the night, the daughter of the informant was kidnapped by Ravi Kumar (appellant no. 1). When the informant went at the house of Ravi Kumar to enquire about the same, his father and mother abused him by caste name.
4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. The victim has denied the prosecution case and has categorically stated that out of her own sweet will, she solemnized marriage with the appellant no. 1. it is not the case of informant that alleged incident occurred within the public view, as such, no offence under SC/ST Act is made out against appellant. Appellants claim clean antecedent.
5. Learned counsel for the respondent no. 2 and learned Spl. Public Prosecutor for the State opposed the bail application.
6. Considering the aforesaid facts, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SC/ST Exclusive Special Judge, Saran at Chapra in
Patna High Court CR. APP (SJ) No.2245 of 2024(4) dt.20-02-2025 3/3 connection with Muffasil P.S. Case No. 134 of 2024.
7. Accordingly, this criminal appeal is allowed and impugned order dated 16.04.2024 is set aside with respect to these appellants only.
(Prabhat Kumar Singh, J) kiran/- U T