Manish Singh @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3943 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- MAHILA P.S. District- Nawada ====================================================== Manish Singh @ Manish Kumar Son Of Shankar Dayal Singh R/O Vill.- Jhikatiya, P.S.- Meskaur, Distt.- Nawada ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Seema Kumari D/O- Vijay Ravidas R/O Vill.- Jhikatiya, P.S.- Meskaur, Distt.- Nawada ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Birendra Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 15.09.2022 passed by learned Exclusive Special Judge SC/ST Act, Nawada in connection with Nawada Mahila P.S. Case No. 03 of 2022 instituted for the offences punishable under Sections 376, 379/34 of the Indian Penal Code, and Section 3(i)(xi)(xii) of the SC/ST Act whereby his prayer for being released on bail has been rejected.

It is alleged against the appellant that on

Patna High Court CR. APP (SJ) No.3943 of 2022(3) dt.23-03-2023 2/3 promise to marry, he established physical relationship with the informant and when the informant told to marry with her, he denied to marry and adduced the informant by calling caste name.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The informant is a major girl and for the alleged occurrence of 11.01.2021 the F.I.R. has been registered on 03.03.2022 without explaining the delay. The informant has given an application to the officer-in-charge, Mahila P.S. Nawada to the effect that the matter has been compromised and she is now not interested to proceed against the appellant. The said application has been annexed as Annexure-2 to the petition. The appellant is in custody since 29.08.2022. A statement has been made in para 3 of the petition that appellant has clean antecedent. Learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the

Patna High Court CR. APP (SJ) No.3943 of 2022(3) dt.23-03-2023 3/3 appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 15.09.2022 passed by learned Exclusive Special Judge SC/ST Act Nawada in connection with Nawada Mahila P.S. Case No. 03 of 2022.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Nawada in connection with Nawada Mahila P.S. Case No. 03 of 2022.

(Sunil Kumar Panwar, J) Shageer/ayush U T