Raj Kumari Devi vs The State Of Bihar
2024 Latest Caselaw 5318 Patna

Patna High Court

Raj Kumari Devi vs The State Of Bihar on 8 August, 2024

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.3490 of 2024
      Arising Out of PS. Case No.-154 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
                                       District- Samastipur
     ======================================================
     Raj Kumari Devi, W/o Dhani Lal Ram, R/o village - Siropatti ward no. 13,
     Ilmasnagar, P.S. Khanpur, Dist. Samastipur.



                                                                  ... ... Appellant/s

                                       Versus


1.   The State of Bihar.
2.   Kundan Kumar Singh, S/o Late Manoj Kumar Singh R/o village- Siropatti,
     ward no. 12, P.S. - Khanpur, Distt. - Samastipur.

                                                              ... ... Respondent/s


     ======================================================
     Appearance :
     For the Appellant/s    :      Mr.Dilip Kumar Roy, Advocate
     For the Respondent/s   :      Mr.Binay Krishna, Spl. PP


     ======================================================
     CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
     ORAL JUDGMENT
      Date : 08-08-2024

                  1. Heard learned counsel for the appellant and

      learned Special P.P. for the State.

                  2. This appeal has been filed for cancellation of

      bail of the respondent no. 2 vide order dated

      04.05.2024

passed by learned Special Judge, SC/ST

Act, Samastipur, passed in C.R. No. 154/2022/T.R. No. Patna High Court CR. APP (SJ) No.3490 of 2024 dt.08-08-2024

1651/2024, lodged under Section 323 of the Indian

Penal Code and Sections 3(1)(r)(s) SC/ST Act.

3. Learned counsel appearing for the appellant

submitted that the learned trial court has wrongly

granted bail to the petitioner without considering the

facts that section under SC/ST Act are not bailable in

nature. It is further submitted that reasoning supplied

for granting bail is also not appearing sound. Learned

counsel further submitted that release of respondent no.

2 on bail may dangerous for the prosecution side.

4. In view of aforesaid submission, the learned

counsel appearing on behalf of the appellant submitted

that the order dated 04.05.2024 is fit to be quashed/set

aside.

5. Heard learned Spl. PP for the State.

6. It appears from the impugned order dated

04.05.2024 that the present case instituted on the basis

of complaint case bearing no. 154 of 2022. It appears

from the perusal of record that the aforesaid complaint Patna High Court CR. APP (SJ) No.3490 of 2024 dt.08-08-2024

petition was filed on 18.06.2022 for the occurrence

dated 21.05.2022, where cognizance was taken by the

learned Special Court for the offence under Section 323

of the Indian Penal Code and Sections 3(1)(r)(s) of

SC/ST Act.

7. From the perusal of impugned order, it

appears that title suit is pending between the parties and

upon issuing summon, respondent no. 2 appears on his

own before the learned trial court. The observations

regarding bailable in nature is qua offence under Section

323 of the Indian Penal Code and not for the offence

under SC/ST Act, and moreover, same is not a

consideration for granting or refusing bail as per

established principle of law.

8. Hence, it appears that impugned order as

discussed above is well reasoned and speaking, requires

no interfere.

9. Accordingly, present appeal is hereby

dismissed at admission stage itself.

Patna High Court CR. APP (SJ) No.3490 of 2024 dt.08-08-2024

10. Let copy of this order be sent to learned

trial court immediately.

(Chandra Shekhar Jha, J) veena/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.08.2024
Transmission Date       09.08.2024