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2025 DAILYLAW 101962 (PAT)

Pramod Kumar Singh @ Pramod Singh v. The State of Bihar

CR. APP (SJ)/1558/2025 · 2025-11-12

Khatim Reza

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1558 of 2025 Arising Out of PS. Case No.-6 Year-2020 Thana- SC/ST District- Gaya ====================================================== Pramod Kumar Singh @ Pramod Singh aged about 75 years, Male, S/o Late Shivraksha Singh R/o Village- Barakala, P.S.- Kothi, Distt.- Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Barti Devi, aged not known (female) W/o Lakeshwar Bhuiyan R/o Village- Barakala, P.S.- Kothi, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Vijay Kumar, Advocate For the Respondent/s : Mr.Binay Krishna, Spl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 3 12-11-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for bail vide order dated 25-03-2025 passed by the learned Exclusive Special Judge SC/ST, Gaya, in connection with SC/ST P.S. Case No. 06 of 2020 registered for the offences punishable under Sections 323, 341, 354 and 504 of the IPC read with sections 3(i)(r) (s)W(i),3(2)(va) of the SC/ST (POA) Act. 3. The prosecution case, in brief, is that on 10.11.2019 at about 11:00 A.M., the informant was planting potatoes in her Patna High Court CR. APP (SJ) No.1558 of 2025(3) dt.12-11-2025 2/3 field along with her mother-in-law. In the meantime, the accused came and started abusing the informant and her mother-in-law using caste-indicative words. It is further alleged that the accused outraged the modesty of the informant’s mother-in-law. 4. Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. It is submitted that as per the prosecution case, the date of occurrence has been mentioned as 10.11.2019, whereas the complaint case was filed on 20.01.2020 before the learned Special Judge and was subsequently registered as an FIR on 09.02.2020. It is apparent from the FIR that the complaint was lodged after a delay of about two months and ten days from the date of occurrence. It is further submitted that the cause of occurrence mentioned in the complaint case is a dispute between the informant and the servant of the appellant, due to which a false case has been lodged by the informant. Moreover, as per the prosecution version, the alleged occurrence did not take place in public view or at a public place; rather, it allegedly occurred in a rural and lonely place i.e., an agricultural field. Lastly, it is submitted that the appellant has no criminal antecedents. 5. Earlier, notice was issued to respondent no. 2, but Patna High Court CR. APP (SJ) No.1558 of 2025(3) dt.12-11-2025 3/3 none appeared on his behalf. 6. Learned Special Public Prosecutor for the State vehemently opposed the prayer of the appellant. 7. Having considered the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge SC/ST Court, Gaya, in connection with SC/ST P.S. Case No. 06 of 2020 arising out of A.B.P. No. 82 of 2025, subject to the condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. The impugned order dated 25-03-2025 passed in SC/ST P.S. Case No. 06 of 2020 arising out of A.B.P. No. 82 of 2025 by the learned Exclusive Special Judge SC/ST, Gaya, is hereby set aside. 8. The appeal stands allowed. shyambihari/- (Khatim Reza, J) U