Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL APPEAL (SJ) No.292 of 2021 Arising Out of PS. Case No.-387 Year-2020 Thana- GARKHA District- Saran ====================================================== DHARMENDRA SINGH Son of Surendra Singh Resident of VillageTahirpur, P.S.- Garkha, District- Saran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ram Babu, Adv.

For the Respondent/s :

Mr.Binay Krishna, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-04-2021 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

The appellant in the present case is seeking to set aside the order dated 23.09.2020 passed by learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Saran at Chapra in connection with Garkha P.S. Case No.387 of 2020 registered for the offences punishable under Sections 341, 323, 504 and 307 of the Indian Penal Code Act, Section 27 of the Arms Act and Sections 3(i)(r)(s) of SC/ST Act.

Learned counsel for the appellant submits that it is a case of false implication of the appellant. It is also informed that the daughter of this appellant has lodged FIR giving rise to Garkha P.S. Case No.388/2020 registered on 11.08.2020 itself. Submission is that the daughter of the appellant was being teased and when she reported that some indecent act has been committed by the

Patna High Court CR. APP (SJ) No.292 of 2021(3) dt.13-04-2021 2/2 members of the prosecution party including the husband of the informant, the appellant and others had simply gone to their place for finding out as to why they had committed such act whereupon the appellant and his daughter were assaulted. The appellant also suffered injury on his hand.

On the other hand, learned Spl. P.P. for the State has opposed the prayer for bail of the appellant. It is submitted that there is specific allegation that this appellant had fired from the gun and due to said firing at least two persons had suffered grievous injuries.

Considering the facts and circumstances of the case wherein there is an allegation that this appellant had fired from his gun and had caused grievous injury to the prosecution party, at this stage, this Court is not inclined to enlarge the appellant on bail. The appellant may, however, renew his prayer for bail after six months, if the trial is not concluded. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.