Birendra Prasad Yadav @ Birin Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.828 of 2019 Arising Out of PS. Case No.-410 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Birendra Prasad Yadav @ Birin Yadav Son of Late Darshan Rai 2.

Binod Yadav @ Bonod Yadav Son of Late Darshan Rai 3.

Yogendra Yadav Son of Late Darshan Rai 4.

Sonu Yadav Son of Yogendra Yadav 5.

Kamod Yadav Son of Upendra Yadav 6.

Manoj Kumar Yadav @ Manoj Yadav Son of Amerika Yadav 7.

Upendra Yadav Son of Late Darshan Rai 8.

Pappu Yadav Son of Yogendra Yadav 9.

Rahul Kumar @ Rahul Yadav Son of Yogendra Yadav 10.

Alok Yadav Son of Birendra Yadav 11.

Amerika Yadav @ Amika Yadav @ Amirka Lal Ray Son of Late Darshan Rai All are residents of Village - Semerhiya, P.S.- Banjariya, District- East Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ajay Kumar Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 07-03-2019 The appellants seek pre-arrest bail in connection with Turkauliya (Banjariya) P.S. Case No. 410 of 2018, registered for offences punishable under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(w) of SC/ST Act.

Allegation against the appellants, who are eleven in number is of abusing the blind daughter of the informant by taking caste

Patna High Court CR. APP (SJ) No.828 of 2019 dt.07-03-2019 2/2 name and also assaulted her by fists and slaps and torn her cloth. Submission of learned counsel for the appellants is that earlier a case been lodged by the appellant no.1 against the informant and others and with a view to save their skin, the present case been lodged against the appellants.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, let appellants, above named, be surrendered within a period of six weeks and on surrender they will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge cum Special Judge SC/ST (POA) Act, East Champaran, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 410 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Accordingly, this appeal is allowed and the impugned order is set-aside.

(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date