Chhabila Yadav @ Bali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.17 of 2020 Arising Out of PS. Case No.-154 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== CHHABILA YADAV @ BALI YADAV S/o Kesho Yadav R/o villageBataspur, P.S.- Chanan, District- Lakhisarai ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shambhu Sharan Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against refusal of the prayer for bail by order dated 24.11.2019 in Chanan P.S. Case No. 154 of 2019 passed by Additional District and Sessions Judge-cum-Special Judge, SC/ST Act, Lakhisarai in connection with aforesaid case, registered under Sections 448/354(B)/504/506 of the Indian Penal Code, and Section 3(i) (r)/(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation is that appellant had entered into the house of the informant with intent to sexually assault a family member of the informant. However, appellant could not succeed and fled away.

Patna High Court CR. APP (SJ) No.17 of 2020(3) dt.05-02-2020 2/2 Submission is that there was dispute between two neighbours, and for that reason this false case has been lodged. He is in custody since 27.11.2019.

Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Ranjeet/Gaurav U T