Tuntun Yadav @ Shyam Ji Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1072 of 2019 Arising Out of PS. Case No.-240 Year-2018 Thana- GURUA District- Gaya ====================================================== 1.

Tuntun Yadav @ Shyam Ji Yadav Son of Sita Yadav 2.

Santosh Yadav @ Santosh Kumar Son of Musan Yadav @ Ramashish Yadav Both Residents of Village - Tetariya, P.S.- Gurua, Distt.- Gaya. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sabita Devi Wife of Nand Kishor Chaudhary Resident of Village - Mirchak, P.S.- Gurua, Distt.- Gaya.

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

For the Appellant/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-03-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 19.02.2019 passed by the learned Exclusive Special Judge, SC/ST Gaya in connection with Gurua P.S.Case No. 240 of 2018 registered under Sections 323, 324, 341, 379, 448 and 504/34 of the Indian penal Code and Sections 3(i)(r)(s)/2(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellants and other accused persons is that they entered into the house of the informant and

Patna High Court CR. APP (SJ) No.1072 of 2019 dt.28-03-2019 2/2 thereafter assaulted her by rod causing injury and also snatched away Rs. 2000/-.

Submission of learned counsel for the appellants is that they have falsely been implicated in this case due to village rivalry.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to them rather they should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on the basis of material available on record, without being prejudiced by this order, if possible, on the same day.

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