Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3964 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- TARAPUR District- Munger ====================================================== Sonu Singh Son Of Rabindra Singh R/O Village- Gogachak, P.O. And P.S.- Tarapur, District- Munger ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sunita Devi Wife Of Bharat Modi R/O Village- Mohanganj, P.S.- Tarapur, District- Munger ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajesh Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 19.10.2022 passed by learned Additional District JudgeI-cum-Special Judge, SC/ST Act, Munger in connection with Tarapur P.S. Case No. 140 of 2022 instituted for the offences punishable under Sections 376, 511 of the Indian Penal Code and Sections 3(i)(r)(s), 3(2)(va) of the SC/ST Act whereby his prayer for being released on bail has been rejected.

It is alleged against the appellant that he

Patna High Court CR. APP (SJ) No.3964 of 2022(3) dt.06-04-2023 2/3 outraged the modesty of the informant.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The informant was not medically examined and all the witnesses who supported the prosecution version are interested witnesses. There is no eye witness to the occurrence. The appellant is in custody since 20.08.2022. A statement has been made in para 3 of the petition that appellant has clean antecedent.

Learned counsel appearing on behalf of the informant and learned Special P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 19.10.2022 passed by learned Additional District JudgeI-cum-Special Judge, SC/ST Act, Munger in connection with Tarapur P.S. Case No. 140 of 2022.

Patna High Court CR. APP (SJ) No.3964 of 2022(3) dt.06-04-2023 3/3 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 Additional District Judge-Icum-Special Judge, SC/ST Act, Munger in connection with Tarapur P.S. Case No. 140 of 2022.

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