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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1545 of 2021 Arising Out of PS. Case No.-546 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Satendra Kumar @ Satendra Yadav Son Of Baban Yadav Resident Of Bhagirath Tola Ps- Naubatpur Dist- Patna.

... ... Appellant/s

Versus

1.

The State of Bihar.

2.

Daulti Devi W/O Girja Paswan Resident Of Village - Sone Kukara Bhojpur Ps -MASAURAHI Dist- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kr Singh No.1 For the Respondent/s :

Ms. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 17.12.2020, passed by learned A.D.J.-III-cum-Special Judge, SC/ST, Patna in connection with Naubatpur P.S. Case No.546 of 2020, registered under Sections 341, 320, 354(B), 504 and 34 of the Indian Penal Code and Sections 3(i)(r)(s)/3(2)(va) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.1545 of 2021(3) dt.01-02-2023 2/3 The appellant alongwith other co-accused persons is said to have abused and assaulted the informant. It is alleged that the accused persons torn the blouse of the informant. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. It is submitted that the appellant has got no criminal antecedent as stated in paragraph-3 of the memo of appeal. It is further submitted that there is general and omnibus allegation against the appellant. It is not alleged that the appellant abused the informant by naming her caste. Learned Special P.P. for the State as well as learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the appellant.

Taking into consideration the facts aforesaid, let appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IIIcum-Special Judge, SC/ST, Patna in connection with Naubatpur P.S. Case No.546 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. APP (SJ) No.1545 of 2021(3) dt.01-02-2023 3/3 Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) S.KUMAR/- U T