Rupesh Kumar Singh @ Mangal Singh v. The State Of Bihar Through The Special P.P. S.C. And S.T. Prevention Of Atrocities Act
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2987 of 2017 Arising Out of PS.Case No. -145 Year- 2017 Thana -MAHESI District- SAHARSA ====================================================== Rupesh Kumar Singh @ Mangal Singh, son of Krishna Singh @ Bhim Singh, resident of village Kandaha, P.S. Mahishi, District Saharsa .... .... Appellant
Versus
The State of Bihar through the Special P.P. S.C. & S.T. (Prevention of Atrocities) Act .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Pramod Mishra For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the appellant.
This appeal has been filed for grant of bail in connection with SC/ST Case No. 314 of 2017, arising out of Mahishi P.S. Case No. 145 of 2017, registered for the offences punishable under Sections 376/511 of the Indian Penal Code and Sections 03 W(i)(G)(R) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 4.9.2017 passed by Additional Sessions Judge-I-cum-Special Judge, Saharsa.
Allegation against the appellant is that he entered the house of the informant and tried to remove her clothes with bad intention and on protest he dragged and threatened her and thereafter on hulla villagers gathered and appellant was arrested by police.
Patna High Court CR. APP (SJ) No.2987 of 2017 (2) dt.17-10-2017 2/2 Submission of learned counsel for the appellant is that no such occurrence has taken place and he is tempo driver and has falsely been implicated in this case at the instance of Mukhiya. Heard learned Special P.P., who has opposed the prayer for bail.
Having heard both sides and in view of the allegation, I am not inclined to grant bail to the appellant. However, once charge has been framed in this case against the appellant, learned trial court shall release the appellant on bail to its own satisfaction.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U