Md Parwez Alam @ Parwez Khan @ Parwez Alam ... vs The State Of Bihar on 14 September, 2023

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Patna High Court - Orders

Md Parwez Alam @ Parwez Khan @ Parwez Alam ... vs The State Of Bihar on 14 September, 2023

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3279 of 2023
                     Arising Out of PS. Case No.-175 Year-2023 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Md Parwez Alam @ Parwez Khan @ Parwez Alam Khan S/O Abdul Hamid
                 Khan @ Hamid Khan R/O Village- Chhotki Maszid, Ps. Bikramganj, Dist.
                 Rohtas

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    CHANDA KUMARI D/O BABU LAL GAUND R/O VILLAGE- WARD
                 NO. 22, NEAR KAW RIVER BRIDGE, PS. BIKRAMGANJ, DIST.
                 ROHTAS

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Shashikant
                 For the State           :        Mr.Binay Krishna
                 For the Informant/s     :        Mr. Amrendra Narayan Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

4   14-09-2023

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 28.6.2023 passed by learned A.D.J. XVII-cum-Exclusive Spl Judge SC/ST, Rohtas at Sasaram, whereby the prayer for bail of the appellant in connection with Bikramganj P.S. Case no. 175 of 2023 under Sections 419, 420, 354D(ii)/34 of the Indian Penal Code, sections 67, 67(A) of the I.T. Act and sections 3(i)(r)(s) of SC/ST Act was rejected.

3. The informant alleged that accused appellant used to send her vulgar and objectionable photographs through social Patna High Court CR. APP (SJ) No.3279 of 2023(4) dt.14-09-2023 2/3 media and harassing her continuously as she belongs to SC/ST community.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to dirty village politics. He has not taken the caste name of the informant in public view as such, no offence is made out under the provisions of the SC/ST Act against him. It is also submitted that the informant has already filed a case vide Bikramganj P.S. Case No. 22 of 2022 in which she made similar allegation against the appellant which is evident from Annexure-5. Moreover, the appellant is languishing in judicial custody.

5. Learned counsel for the informant and learned Spl P.P. appearing for the state have opposed the prayer for bail.

6. Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 28.6.2023 passed Bikramganj P.S. Case No. 175 of 2023 is hereby set aside.

7. The appellant is directed to be enlarged on bail in connection with Bikramganj P.S. Case No. 175 of 2023 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) Patna High Court CR. APP (SJ) No.3279 of 2023(4) dt.14-09-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned A.D.J. XVII-Cum-Exclusive Special Judge SC/ST, Rohtas at Sasaram.

(Sunil Kumar Panwar, J) Amandeep/-

U     T

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Patna High Court - Orders