← Library
Patna High CourtCR. APP (SJ)/496/2019dismissed

Ajit Kumar @ Ajit Yadav And ORS v. The State Of Bihar

2019-03-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.496 of 2019 Arising Out of PS. Case No.-39 Year-2018 Thana- SC/ST District- Patna ====================================================== 1.

AJIT KUMAR @ AJIT YADAV 2.

Sujit Kumar @ Sujit Yadav Nos. 1 and 2 are sons of Kamlesh Kumar Yadav 3.

Lala Yadav son of Ganesh Yadav 4.

Dharmendra Yadav @ Dharmendra Kumar son of Jawahar Yadav All residents of Village- Baliyaban, P.S.- Naubatpur, District - Patna. ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Yogendra Prasad Sinha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-03-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Phulwari Sharif SC/ST P.S.Case No.39 of 2018 registered for offences punishable under Sections 147, 148, 341, 323, 324, 307, 354B, 504, 506 of the Indian Penal Code and Section 3(i)(r)(w), 3(2),(Va) of SC/ST (Prevention of Atrocities) Act.. Allegation against the appellants is that they lifted the daughter of the informant and when they raised hulla they assaulted the informant and others. Submission of the learned counsel for the appellants is that during the investigation, it has come that due to enmity, they have falsely been implicated in this case and no such occurrence as taken place and further only against the appellant nos.

Patna High Court CR. APP (SJ) No.496 of 2019 dt.05-03-2019 2/2 1 and 2 there is allegation of assault and there is no allegation of assault against the appellant nos. 3 and 4.

Heard learned A.P.P. also.

Having heard both sides and in view of nature of the allegation, this is not a case for grant of anticipatory bail rather let the appellants surrender before the learned special court within a period of six weeks from the date of order and make prayer for regular bail, which will be considered on the basis of materials available on the record and if possible to be disposed of on the same day. With the aforesaid observation, this appeal is dismissed. (Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date