Pravin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1115 of 2020 Arising Out of PS. Case No.-43 Year-2019 Thana- NAUTAN District- Siwan ====================================================== 1.

PRAVIN KUMAR YADAV S/o Sri Ram Chaudhary Resident of VillagePurabtola Harkhauli, P.S.- Mirjaganj, Distt- Gopalganj. 2.

Nitish Yadav @ Nitish Chaudhary S/o Sri Ram Chaudhary Resident of Village- Purabtola Harkhauli, P.S.- Mirjaganj, Distt- Gopalganj. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Tiwary For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2021 Heard the parties.

The matter relates to grant of anticipatory bail to the appellants in connection with Nautan P.S. Case No. 43 of 2019 registered for the offences under Sections 365, 302, 201 and 120(B) of the Indian Penal Code and Sections 3(2)(v)(a) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act.

Allegedly, on the mobile of informant's husband, a phone came and it was asked by her husband that he was going to Mirzapur in a feast but he did not return. Further it was detected that there was no marriage in the village Mirzapur on the date of occurrence. In spite of hectic search, the husband of

Patna High Court CR. APP (SJ) No.1115 of 2020(2) dt.20-02-2021 2/3 the informant was not traced out.

It has been submitted on behalf of the appellants that there is no allegation of tampering of witnesses alleged against the appellants. The appellant has falsely been implicated in the present case. The appellants are not named in the FIR. Except for suspicion, there is no other substantive evidence to suggest the implication of the appellants in the present case. There is no eye witness to the alleged occurrence. The alleged occurrence has not taken place within the public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case.

On behalf of the State, it is submitted that the appellants are not named in the Complaint Case/F.I.R. In view of the aforesaid facts and circumstances, the order dated 13-02-2020 passed by learned Additional District & Sessions Judge-Ist-cum-Special Court, Siwan in Nautan P.S. Case No. 43 of 2019 is set aside. The present Criminal Appeal is allowed.

Accordingly, let the appellants, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten

Patna High Court CR. APP (SJ) No.1115 of 2020(2) dt.20-02-2021 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Istcum-Special Court, Siwan in connection with Nautan P.S. Case No. 43 of 2019.

(Sudhir Singh, J) A.K.V.//- U T