Raj Kishore Yadav @ Nand Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1477 of 2022 Arising Out of PS. Case No.-6 Year-2020 Thana- SC/ST District- Sheikhpura ====================================================== 1.

RAJ KISHORE YADAV @ NAND KISHORE PRASAD SON OF BHUSAR YADAV R/O VILLAGE- SAMACHAK, GAURACHHANI, P.S.- BARBIGHA, DISTRICT- SHEIKHPURA 2.

RINKU DEVI WIFE OF RAJ KISHORE YADAV R/O VILLAGESAMACHAK, GAURACHHANI, P.S.- BARBIGHA, DISTRICTSHEIKHPURA 3.

BHATTA YADAV SON OF NARESH YADAV R/O VILLAGESAMACHAK, GAURACHHANI, P.S.- BARBIGHA, DISTRICTSHEIKHPURA ... ... Appellant/s

Versus

1.

The State of Bihar 2.

USHA DEVI WIFE OF RAMASHISH PASWAN R/O VILLAGESAMACHAK, GAURACHHANI, P.S.- BARBIGHA, DISTRICTSHEIKHPURA ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bipin Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-10-2022 Learned counsel for the appellants is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the appellants as well as learned counsel for the informant.

This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 30.03.2022 passed by the learned 1st Additional District & Sessions Judge, Sheikhpura in A.B.P. No. 212 of 2022 arising out of Sheikhpura SC/ST P.S. Case No. 06 of 2020, registered for the

Patna High Court CR. APP (SJ) No.1477 of 2022(4) dt.13-10-2022 2/2 offences punishable punishable under Sections 341, 323, 379, 447, 504, 506/34 of the Indian Penal Code and Section 3(1) (r) (s) / 3(2) (va) SC/ST Act, whereby the prayer for anticipatory bail of the appellants has been rejected.

As per allegation, accused persons abused the informant by calling her caste name and they were asking her to go out of her house. The appellant no. 1 after catching her locks dragged and assaulted her. It appears that the appellants have been granted police bail.

Considering the above-mentioned facts and circumstances, the appellants are directed to surrender before the court below and make a prayer for regular bail. The learned court below shall consider the fact that Investigating Authority did not require the custodial interrogation from the appellant and they have been granted bail. The learned court below shall also consider the fact that appellants are the persons of clean antecedents.

With these observations, the appeal is disposed of. Office shall ensure that all defects are removed by the appellants within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-sonali U T