Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3511 of 2023 Arising Out of PS. Case No.-138 Year-2015 Thana- KHAJEKALA District- Patna ====================================================== Ranjit Kumar S/O Late Lakki Das @ Lakhi Das R/O Village- Mogalpura, Chatatal, (Renter In The House Of Rana Mahto), Ps. Khajekala, Distt. Patna ... ... Appellant/s
Versus
1. The State of Bihar
2. Garo Das, S/o Late China Das, R/o Village- Mogalpura, P.S.-Khajekala, Distt.- Patna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Nityanand Kumar For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned 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 01.07.2023 passed by learned Exclusive Special Judge, SC/ST Act, Patna whereby the prayer for bail of the appellant in connection with Khajekala P.S. Case no. 138 of 2015 (Special Case No. 251 of 2021) under Sections 363, 366A and 34 of the Indian Penal Code and sections 3(2)(v) of SC/ST Act was rejected.
3. It is a case of abduction of the minor daughter of the informant by the appellant along with other.
4. It is submitted by learned counsel for the appellant that appellant is innocent and has committed no
Patna High Court CR. APP (SJ) No.3511 of 2023(3) dt.04-01-2024 2/3 offence. He has been falsely implicated in this case. The statement of victim girl was recorded u/s 164 of the Cr.P.C. in which she has stated that this appellant along with co-accused Amar Mahto taken away her to U.P. in the house of his sister and kept her 2-3 days but he did not do wrong with her. She has not stated about any sexual assault or physical misbehave against the appellant. It is further submitted that the victim girl recorded her statement after six years from the date of occurrence. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. The appellant has got no criminal antecedent and languishing in judicial custody since 23.05.2023.
5. The appeal for bail is opposed by learned Spl. P.P. for the State.
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 01.07.2023 is hereby set aside. 7.The appellant is directed to be enlarged on bail in connection with Khajekala P.S. Case No. 138 of 2015 (Special
Patna High Court CR. APP (SJ) No.3511 of 2023(3) dt.04-01-2024 3/3 Case No. 251 of 2021) on 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 Exclusive Special Judge, SC/ST Act, Patna.
(Sunil Kumar Panwar, J) lata/- U T