Bajrangi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5057 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- KHIRI MORE District- Patna ====================================================== BAJRANGI KUMAR Son of Shivchandra Singh Resident of VillagePearpura, P.S. Khiri More (Nagla Kinger), Dist.- Patna. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gauri Shankar Prasad For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-11-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 15.10.2019 passed by learned Additional Sessions JudgeXX- cum Special Judge (SC/ST Act), Patna in connection with Special Case No.345 of 2018, arising out of Khri More P.S. Case No. 61/2018 registered under Sections 354 of the Indian Penal Code and Section 3(i) (xii) of the Scheduled Castes and

Patna High Court CR. APP (SJ) No.5057 of 2019(2) dt.21-11-2019 2/3 Scheduled Tribes (Prevention of Atrocities) Act. While the informant had gone for defecation appellant caught hold her finding her alone and started teasing her. She any how made good her escape then the appellant scated on congregation of the locals.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to animosity and dirty village politics. F.I.R. has been lodged after more than 24 hours, which creates doubt about the prosecution case. There is no eyewitness of the occurrence. Appellant has no criminal antecedent and has been languishing in custody since 01.06.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XX- cum Special Judge (SC/ST Act), Patna in connection with Special Case No.345 of 2018, arising out of Khri More P.S. Case No. 61/2018.

Patna High Court CR. APP (SJ) No.5057 of 2019(2) dt.21-11-2019 3/3 Accordingly, the impugned order is set aside and this appeal is allowed.

(Prakash Chandra Jaiswal, J) amit/- U T