Ranju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2462 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== RANJU DEVI WIFE OF JAGDAYAL PASWAN RESIDENT OF VILLAGESAHDULAHPUR, PS- LALGANJ, DISTT- VAISHALI ... ... Appellant/s

Versus

1.

The State of Bihar 2.

SEEMA DEVI WIFE OF RAMSRINGAR PASWAN RESIDENT OF VILLAGE- SAHDULAHPUR, PS- LALGANJ, DISTT- VAISHALI ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Santosh Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the appellant, informant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 11.04.2023 passed by learned Special Judge, SC/ST, Vaishali at Hajipur, whereby the prayer for bail of the appellant in connection with Lalganj P.S. Case No. 56 of 2023 under Sections 302/34 of the Indian Penal Code and Sections 3(2)(va) of the SC/ST Act was rejected.

3. The allegation against the appellant along with

Patna High Court CR. APP (SJ) No.2462 of 2023(3) dt.14-09-2023 2/3 others is of killing the husband of the informant by stabbing knife.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. Informant is not an eye-witness of the alleged occurrence. There is no specific overt act against the appellant, only on the basis of suspicion, he has implicated in the present case. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. The appellant has no intention to disgrace the image of the informant in public view. He is languishing in judicial custody since 11.03.2023.

5. The appeal for bail is opposed by learned Spl. P.P. for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and taking into consideration, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 11.04.2023 arising out of Lalganj P.S. Case No. 56 of 2023 is hereby set aside.

7. The appellant is directed to be enlarged on bail in connection with Lalganj P.S. Case No. 56 of 2023 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two

Patna High Court CR. APP (SJ) No.2462 of 2023(3) dt.14-09-2023 3/3 sureties of the like amount each to the satisfaction of the learned Court of Special Judge (SC/ST Act), Vaishali at Hajipur. (Sunil Kumar Panwar, J) arish/- U