Sitaram Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4129 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- TISIAUTA District- Vaishali ====================================================== Sitaram Ray Son Of Late Janak Ray R/O Vill - Shahpur, P.S. - Tisiauta, Distt. - Vaishali ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rinki Paswan Wife of Raushan Kumar Chaudhary R/o vill and P.O. - Shahpur, P.S. - Tisiauta, Distt. - Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shivjee Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 18.08.2023 passed by learned Exclusive Special Judge (SC/ST) Act, Vaishali whereby the prayer for bail of the appellant in connection with Tisiauta P.S. Case no. 53 of 2023 under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code and sections 3(i)(r)(s) of SC/ST Act was rejected.

3. Allegation against the appellant is the he along with other co-accused persons confined the

Patna High Court CR. APP (SJ) No.4129 of 2023(2) dt.09-11-2023 2/3 informant's husband and when the informant reached at the spot, appellant abused her by taking her caste name and outraged her modesty.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. There is inordinate delay of 4 days in lodging the F.I.R. The appellant 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. Moreover, the appellant is languishing in judicial custody since 01.08.2023.

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 18.08.2023 is hereby set aside.

7.The appellant is directed to be enlarged on bail

Patna High Court CR. APP (SJ) No.4129 of 2023(2) dt.09-11-2023 3/3 in connection with Tisiauta P.S. Case No. 53 of 2023 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, Vaishali, Hajipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T