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Patna High CourtCR. APP (SJ)/3026/2024allowed

Pradeep Mahto v. The State Of Bihar

2025-07-11Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3026 of 2024 Arising Out of PS. Case No.-138 Year-2023 Thana- RASULPUR District- Saran ====================================================== Pradeep Mahto SON OF RAJENDRA MAHTO VILLAGE- CHANCHAURA PS- RASULPUR, DIST- SARAN ... ... Appellant/s

Versus

1 .

The State of Bihar 2.

VISHRAM MANJHI SON OF ANARASI MANJHI VILLAGECHANCHAURA PS- RASULPUR, DIST- SARAN ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shatrughna Pandey, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2025 Heard learned counsel for the appellant, the State . Despite valid service of notice , nobody appears on behalf of respondent No. 2.

2. This appeal has been filed for setting aside order dated 29.05.2024 passed in a case registered for the offence punishable under sections 306, 323 , 354 (C) , 506, 504 and 34 of the IPC and sections 3(1) ( r ) ( s ) (w) of the Scheduled Castes and Scheduled Tribes Act, whereby prayer for regular bail of the appellant has been rejected.

3 . As per the prosecution case , informant namely, Vishram Manjhi, alleged that all the accused persons including this appellant used to tease and pass obscene comment to

Patna High Court CR. APP (SJ) No.3026 of 2024(5) dt.11-07-2025 2/3 daughter of informant and even used to threaten her to viral her videos and photos on account of which on 24.05.2023 at about 11:30 ' O Clock , daughter of informant committed suicide due to such mental harassment and torture . It is further alleged that accused persons also abused informant by caste name and threatened not to lodge case against them.

4. It is submitted that appellant is innocent and has committed no offence as alleged. There is nothing on record to substantiate the allegation against this appellant. Allegation is general and omnibus and there is no specific accusation of any direct or indirect instigation alleged against the appellant which drove the deceased to commit suicide . It is not the case of the informant that any member of the public was present at the place of incident, as such, no offence under the SC/ST Act is made out against the appellant and he is in custody since 24.03.2024 .

5 . Learned special Public Prosecutor for the State opposed the bail appeal.

6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside .

7. Let the appellant, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

Patna High Court CR. APP (SJ) No.3026 of 2024(5) dt.11-07-2025 3/3 two sureties of the like amount each to the satisfaction of the learned SC / ST Exclusive special judge Chapra at Saran in connection with Rasulpur Police Station Case No. 138 of 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T