Ravis Singh @ Ravish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4026 of 2022 Arising Out of PS. Case No.-255 Year-2022 Thana- PATLIPUTRA District- Patna ====================================================== Ravis Singh @ Ravish Singh S/O Late Chandeshwar Singh R/O Kunuana Gali, Renter In The House Of Birendra Singh, P.S- Patliputra, District- Patna. Permanent Address- Resident Of Village- Phuha, P.S- Barhara, ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Muskan Kumari D/O Yogendra Chaudhary Resident Of Gandharmath, P.SGhoshi, District- Jehanabad, At Present Resident Of Indranagar, Nalapar, House No-59, Renter Of House Of Beby Devi, P.S- Patliputra, DistrictPatna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sunil Prasad 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 22.10.2022 passed by learned Special Judge, SC/ST Act, Patna in connection with Special(SC/ST) Case No. 94 of 2022 (arising out of Patliputra P.S. Case No. 255 of 2022) instituted for the offences punishable under Sections 448, 504, 506, of the Indian Penal Code, Sections 3(i)(r)(s) of the SC & ST (Prevention of

2/4 Atrocities) Act and Section 37 Bihar Prohibition and Excise Act, 2016 whereby his prayer for being released on bail has been rejected.

The prosecution case as per F.I.R. is that one Santosh Paswan was taken into custody on the basis of a case filed by the informant wherein she has made allegation against him that he enticed the informant and outraged her modesty. It is further alleged that the appellant used to pressurize the informant to enter into a compromise. On 08.05.2022 at about 9.30 AM the appellant entered into the house of the informant and told that he will kill her if she does not enter into compromise. Upon which, the informant informed to the Patliputra Police Station and thereafter the police took him to the police station and it was found in alcohol test that the appellant had consumed alcohol.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. As per F.I.R. there is a

3/4 dispute between the informant and Santosh Paswan. The appellant has no concern with said Santosh Paswan. As per F.I.R., the occurrence took place in the house of the informant, hence the provision under the SC/ST Act shall not be attracted in the case of the appellant. The appellant is in custody since 09.05.2022.

Learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellant and submitted that charge-sheet has already been submitted against him.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 22.10.2022 passed by learned Special Judge, SC/ST Act, Patna in connection with Special(SC/ST) Case No. 94 of 2022 (arising out of Patliputra P.S. Case No. 255 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/-

4/4 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Patna in connection with Special(SC/ST) Case No. 94 of 2022 (arising out of Patliputra P.S. Case No. 255 of 2022).

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