Ram Pravesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2902 of 2022 Arising Out of PS. Case No.-14 Year-2021 Thana- SC/ST District- Sitamarhi ====================================================== RAM PRAVESH RAI Son of Late Mohan Rai Resident of Village - Mahuawan, P.S.- Bathnaha, District - Sitamarhi (Bihar). ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Lalita Devi Wife of Rajesh Das Resident of Village - Mahuawan, P.S.- Bathnaha, District - Sitamarhi (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Uday Kumar For the Respondent/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2023 Let the jointness petition be accepted.

In spite of service of notice on respondent no.2, nobody appears on her behalf.

Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This appeal has been preferred against the order dated 02.07.2022 passed by learned 1st Additional Sessions Judgecum-Special Judge, SC & ST (POA) Act, Sitamarhi in connection with Sitamarhi SC/ST P.S. Case No.14 of 2021 registered under Sections 341, 323, 447, 354, 379, 504, 506 and 34 of the Indian Penal Code and Sections 3(i)(r)(s)(w)(1)/3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of

Patna High Court CR. APP (SJ) No.2902 of 2022(7) dt.18-05-2023 2/2 the appellant has been rejected.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. It is further submitted that there is no specific allegation against the appellant rather specific allegation is made against co-accused Naresh Rai.

Considering the above facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, SC & ST (POA) Act, Sitamarhi in connection with Sitamarhi SC/ST P.S. Case No.14 of 2021 corresponding to G.R. No.1159 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Arvind Srivastava, J) Harish/- U T