Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5679 of 2024 Arising Out of PS. Case No.-623 Year-2023 Thana- HISUWA District- Nawada ====================================================== Pintu Singh S/O Lae Dani Singh Resident of Village- Badhwa, P.S.- Hisua, District- Nawada.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Deorani Devi W/O Late Anil Manjhi R/O Village- Badhauna, Tola Lolin Nagar, P.S- Hisua, Distt.- Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pramod Kumar Verma, Advocate For the Respondent/s :

Ms. Usha Kumari 1, APP For the Informant :

Mr. Bhavesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2.

The instant appeal has been filed by the appellant against the order dated 27-11-2024 passed by Special Judge Exclusive Special Court, SC/ST (PoA) Act, Nawada whereby the prayer for bail of the appellant in connection with Hisua PS Case No. 623 of 2023 under Sections 341, 323, 354, 302 & 34 of the Indian Penal Code (for short 'IPC') and Sections 3(2)(v) of SC/ST Act was rejected.

3.

The informant alleged that on 31-10-2023, the appellant and Santosh Singh forcibly abducted her husband after

Patna High Court CR. APP (SJ) No.5679 of 2024(6) dt.24-07-2025 2/3 assaulting her. Informant later briefly spoke to her husband, who said he was at the appellant's house, but he went missing afterward. On 06-11-2023, his dead body was found in a paddy field, and the informant suspects the appellant and Santosh Singh have committed murder of her husband.

4.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The F.I.R. was lodged on 06-11-2023, after an unexplained delay of six days from the alleged date of occurrence on 31-10-2023, which casts serious doubt on the veracity of the prosecution story. In fact, the husband of the informant, who was employed at the appellant's chimney, and he took leave during Deepawali and did not return to work thereafter, which led to the filing of this false and motivated case. Furthermore, there is no independent eye witness to support the alleged incident, and even the informant herself is not an eye witness, which further weakens the prosecution version. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant

Patna High Court CR. APP (SJ) No.5679 of 2024(6) dt.24-07-2025 3/3 in public view. The appellant is in custody since 01-10-2024 and has no criminal antecedent. It is submitted that trial has commenced and one witness is also examined.

5.

Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the aforesaid facts and circumstances of the case, taking into account the fact that trial has commenced in this case, this Court in not inclined to allow the appeal. Appeal is accordingly rejected.

7.

Trial Court is directed to conclude the trial preferably within a period of six months from today. 8.

However, appellant will be at liberty to renew his prayer for bail if the trial is not concluded within a period of six months.

(Rudra Prakash Mishra, J) Raj Kishore/- U T