Arun Yadav @ Arun Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2107 of 2022 In CRIMINAL APPEAL (SJ) No.1086 of 2021 Arising Out of PS. Case No.-682 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== ARUN YADAV @ ARUN KUMAR YADAV Son of Mahendra Yadav Resident of Village- Jag Yadav Ke Tola, Bakhariya, Ward No. 10, P.S.- Majhauliya, District- West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No.7, Advocate For the Opposite Party/s :
Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in a case registered under Sections 448, 341, 323, 354A, 354B, 504, 506, 344 of the Indian Penal Code and Sections 8/18 of POCSO Act and Sections 3(i)(r)(s), w(i)(ii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. Allegation is that the petitioner sexually assaulted and misbehaved with the informant and abused her by taking caste
Patna High Court CR. MISC. No.2107 of 2022(3) dt.09-03-2022 2/3 name.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to village politics. From perusal of Annexure 3, it is evident that no injury is said to have been found on the body of the victim nor any sign of recent sexual assault has been found by the doctor in course of examination. The allegations are denied by the petitioner. The alleged occurrence has not taken place within public view. Hence no offence under the SC/ST Act is attracted in the present case.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO-cum-Additional District and Sessions Judge 6th, Bettiah, West Champaran in connection with Majhauliya P.S.
Patna High Court CR. MISC. No.2107 of 2022(3) dt.09-03-2022 3/3 case No.682 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T