Suraj Kumar @ Baudha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4633 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Suraj Kumar @ Baudha Son Of Mohan Sao @ Mohan Raut Resident Of Village- Kurmi Tola, Manpur, Ps- Muffasil, Dist- Gaya ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Baby Devi Wife Of Sanjay Paswan Resident Of Village- Awgila Pahadtali, Bhui Tola, Ps- Mufassil, Dist- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Aryan Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the appellant, informant and learned Special P.P for the State.

The appellant has challenged the order dated 24.07.2023 passed by learned Exclusive Special Judge (SC/ST ), Gaya in connection with Muffasil P.S. Case No. 262 of 2022. instituted for the offences punishable under Sections 452, 147, 148, 149, 323, 376, 386, 511, of the Indian Penal Code and Sections 3(2)(v) of the SC & ST Act whereby his prayer for being released on anticipatory bail has been rejected.

As per prosecution case, the informant alleged that the appellant and co-accused forcibly entered her room and

Patna High Court CR. APP (SJ) No.4633 of 2023(3) dt.04-01-2024 2/3 tried to outrage her modesty and also committed theft of valuable articles in her home and fled away.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. The appellant has not committed any offence and there is also no specific allegation levelled against him. The appellant has not abused her in public view, so no provisions under SC/ST Act was made out against the appellant. After investigation charge-sheet has not been submitted under Section 376 of the Cr.P.C. The appellant is languishing in custody since 09.05.2023.

Learned counsel appearing on behalf of the informant and learned Special P.P 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 24.07.2023 passed by learned Exclusive Special Judge (SC/ST , Gaya in connection with Muffasil P.S. Case No. 262 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)

Patna High Court CR. APP (SJ) No.4633 of 2023(3) dt.04-01-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (SC/ST), Gaya in connection with Muffasil P.S. Case No. 262 of 2022.

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