Ajay Sah @ Ajay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3149 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== AJAY SAH @ AJAY KUMAR SAH Son of Late Dhaniklal Sah Resident of Village-Bishambharpur Ailoth, P.S.-Musrigharari, District-Samastipur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

MANISHA KUMARI Wife of Mukesh Kumar Resident of VillageBishambharpur Ailoth, P.S.-Musrigharari, District-Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Jitendra Narain Sinha For the State :

Mr.Usha Kumari 1 For the Informant/s :

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

2. The instant appeal has been filed by the appellant against the order dated 28.6.2023 passed by learned Special Judge SC/ST (POA) Act, Samstipur, whereby the prayer for bail of the appellant in connection with Musrigharari P.S. Case no. 79 of 2023 under Sections 302, 313, 201, 323/34 of the Indian Penal Code and sections 3(i)(r)(s), 3(2)(v) of SC/ST Act was rejected.

3. The appellant along with co-accused is alleged to have caused death to the daughter of the informant, aged about 2

Patna High Court CR. APP (SJ) No.3149 of 2023(2) dt.14-09-2023 2/3 years and buried the deceased after digging a pit by J.C.B.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. The petitioner is grandfather of the deceased against whom, no any specific overt-act attributed. The specific allegation of killing daughter of the informant is against other co-accused. The petitioner has not taken the cast name of the informant in public view so no offence is made out under the provisions of the SC/ST Act against him. The appellant has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, he is languishing in judicial custody since 12.6.2023.

5. Learned Spl. PP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 28.6.2023 passed in Musrigharari P.S. Case No. 79 of 2023 is hereby set aside.

7. The appellant is directed to be enlarged on bail in connection with Musrigharari P.S. Case No. 79 of 2023 on

Patna High Court CR. APP (SJ) No.3149 of 2023(2) dt.14-09-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST (POA) Act, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T