Srikant @ Marry Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3184 of 2022 Arising Out of PS. Case No.-283 Year-2022 Thana- BIHTA District- Patna ====================================================== SRIKANT @ MARRY SINGH S/o Shankar Prasad Singh Resident of Village- Bishunpura, P.S.- Bihta, District- Patna. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Reshmi Devi W/o Bhuar Ram Resident of Village- Bajitpur, P.S.- Bihta, District- Patna.

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

For the Appellant/s :

Mr. Digvijay Kumar Ojha For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 22.07.2022 passed by learned Special Judge SC/ST, Patna in ABP No. 2366 of 2022 whereby the prayer for bail of the appellant in connection with Bihta P.S. Case no. 283 of 2022 under Sections 341, 323, 354(B), 506, 504 of the Indian Penal Code and sections 3(r)(s)(w)/3(i)(va) of SC/ST Act was rejected.

It is a case of outrage the modesty, abusing by taking the caste name and assaulting by fists and slaps. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to dirty village politics. It is further submitted that the informant and his

Patna High Court CR. APP (SJ) No.3184 of 2022(2) dt.13-10-2022 2/2 husband usually allege such type of allegation against several persons. The Petitioner has no intention to outrage the modesty as alleged by the informant. He not taken the cast name of the informant in public view. He has got no criminal antecedent. No offence is made out under the provisions of the SC/ST Act against him.

The appeal for bail is opposed by learned Spl. P.P. for the State.

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 22.07.2022 passed in A.B.P. No. 2366 is hereby set aside. The appellant is directed to be enlarged on bail in connection with Bihta P.S Case No. 283 of 2022 in the event of arrest or surrender before the court below within a period of four weeks 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 Special Judge SC/ST, Patna.

(Sunil Kumar Panwar, J) amandeep/- U