Patna High CourtCR. APP (SJ)/207/2024bail granted

Shatrughan Singh @ Rajesh Kumar v. The State Of Bihar

2024-03-01Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.207 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Shatrughan Singh @ Rajesh Kumar Son Of Dev Narayan Singh Resident Of Village - Sondiha Pasraha, P.S. - Pasraha, District - Khagaria ... ... Appellant/s

Versus

The State Of Bihar 2.

Panchanand Das Son Of Sri Thakur Das Resident Of Village - Mal Mohanpur, P.S. - Goradih, District - Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ram Sumiran Rai, Adv.

For the Respondent/s :

Mr.Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 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 31.10.2023 passed by learned Additional District and Sessions Judge-cum-Special Court (SC & ST) Act, Bhagalpur whereby the prayer for bail of the appellant in connection with Jagdishpur (Goradih) P.S. Case no. 159 of 2023 under Sections 366, 370, 120B/34 of the Indian Penal Code and Section 3(2)(v) of SC/ST Act was rejected.

3. As per prosecution case, while the informant along with his wife had gone outside for his treatment. In the meantime, his daughter went at Goradih from her house and

Patna High Court CR. APP (SJ) No.207 of 2024(3) dt.01-03-2024 2/3 since then she was traceless. On 07.03.2023, a phone call has come from his daughter from Rajasthan that the accused persons as mentioned in the F.I.R. have sold her in Rs. 2,00,000/-.

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. He has not taken the caste name of the informant in public view. Hence, no offence is made out under the provisions of the SC/ST Act against him. There is no specific allegation against the appellant. The appellant has got no criminal antecedent and he is languishing in judicial custody since 11.10.2023.

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

6. From perusal of the F.I.R. and impugned order dated 31.10.2023, it appears that the occurrence before three months ago but the F.I.R. registered on 07.04.2023. During investigation, as stated in para 11 of the petition as well as in impugned order, the victim girl has been recovered and her statement was recorded u/s 164 of Cr.P.C. wherein she has not stated about any misbehave or sexual assault with her by the accused persons whereas she living with accused persons since three months. Considering the facts and circumstances of the

Patna High Court CR. APP (SJ) No.207 of 2024(3) dt.01-03-2024 3/3 case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 31.10.2023 is hereby set aside.

7. Let the appellant be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-Special Court (SC & ST) Act, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case no. 159 of 2023.

(Ramesh Chand Malviya, J) lata/- U T