Sita Ram Roy @ Seetaram Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5551 of 2023 Arising Out of PS. Case No.-615 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Sita Ram Roy @ Seetaram Ray SON OF LATE JANAK ROY RESIDENT OF VILLAGE- SHAHPUR, PS- TISIAUTA, DISTT- VAISHALI ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rinki Paswan Wife Of Raushan Kumar Chaudhary Resident Of VillageShahpur, Ps- Tisiauta, Distt- Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ranjeet Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 10.11.2023 passed by learned Exclusive Special Court SC/ST Act-cum-Additional Sessions Judge, Vaishali at Hajipur whereby the prayer for bail of the appellant in connection with Hajipur Town P.S. Case no. 615 of 2023 under Sections 341, 323, 354, 506, 504, 34 of the Indian Penal Code and section 3(i)(r)(s) of SC/ST Act was rejected.

3. The allegation against the accused persons including the appellant is of abusing and assaulting the

Patna High Court CR. APP (SJ) No.5551 of 2023(2) dt.12-01-2024 2/3 informant by taking her caste name.

4. It is submitted by learned counsel for the appellant that appellant is innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity. Neither any one abused the informant nor assaulted her. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. It is submitted in para 11 of the application that co-accused namely, Ranjeet Roy and Manoj Roy have already been granted bail by the learned court below. The appellant remanded in this case on 11.08.2023 and since then he is languishing in judicial custody.

5. The appeal for bail is opposed by learned Spl. P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 10.11.2023 is hereby set aside. 7.The appellant is directed to be enlarged on bail in connection with Hajipur Town P.S. Case No. 615 of 2023 on

Patna High Court CR. APP (SJ) No.5551 of 2023(2) dt.12-01-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge SC/ST Act-cumAdditional Sessions Judge, Vaishali at Hajipur. (Sunil Kumar Panwar, J) lata/- U T