Ram Awadh Bind @ Ramawadh Bind v. The State of Bihar
CR. APP (SJ)/2953/2025 · 2025-09-18
R P Mishra
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 64040 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64040 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2953 of 2025 Arising Out of PS. Case No.-292 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua) ======================================================
1. Ram Awadh Bind @ Ramawadh Bind S/O Raghunath Bind R/O Vill.- Purusotampur, P.S.- Chainpur, Dist.- Kaimur
2. Shambhu Bind S/O Late Radhunath Bind R/O Vill.- Purusotampur, P.S.- Chainpur, Dist.- Kaimur ... ... Appellant/s Versus
1. The State of Bihar
2. Banti Devi W/O Pintu Gond R/O Vill.- Purusotampur, P.S.- Chainpur, Dist.- Kaimur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Tribhuwan Narayan, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 18-09-2025 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. Perused the case diary.
2. The instant appeal has been filed by the appellants against the order dated 07-07-2025 passed by learned District & Additional Session Judge-I-cum-Special Judge, Kaimur at Bhabhua whereby the prayer for bail of the appellants in connection with Chainpur PS Case No. 292 of 2025 instituted under Sections 109, 115(2), 126(2), 76, 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(w) & 3(2)(v) of SC/ST Act was rejected.
3. Prosecution case, in short, is that on 05.06.2025 at
Patna High Court CR. APP (SJ) No.2953 of 2025(4) dt.18-09-2025 2/3 about 6:00 PM, informant Binda Devi alleged that ten co- villagers armed with lathis and lohbanda came to her house abusing her by caste name, outraged her modesty, and assaulted her and her family.
4.
Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellants submits that allegation against the appellant No.1 is of disrobing and compelling informant to be naked and allegation against the appellant No.2 is of assaulting Aditya Bind, who sustained allegedly grievous injury. Learned counsel for the appellants mainly submits that there is case and counter case between the parties. Learned counsel for the appellants further submits that the appellants have 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 them. The appellants have no intention to disgrace the image of the informant in public view. The appellants are in custody since 10-06-2025 and have one criminal antecedent each.
5. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellants.
Patna High Court CR. APP (SJ) No.2953 of 2025(4) dt.18-09-2025 3/3
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellants, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 07-07-2025 passed by learned District & Additional Session Judge-I-cum- Special Judge, Kaimur at Bhabhua is hereby set aside.
7. Let the appellants be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chainpur PS Case No. 292 of 2025.
Raj Kishore/- (Rudra Prakash Mishra, J) U T