Bajrangi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1796 of 2019 Arising Out of PS. Case No.-348 Year-2017 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Bajrangi Yadav Son of Late Jatto Yadav Resident of Village- Fazilpur, P.S.- Goradih, District- Bhagalpur.

2.

Devan Yadav @ Degan Yadav Son of Latto Yadav Resident of VillageFazilpur, P.S.- Goradih, District- Bhagalpur. 3.

Anju Devi Wife of Devan Yadav @ Degan Yadav Resident of VillageFazilpur, P.S.- Goradih, District- Bhagalpur. ... ... Appellants.

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Ajay Kumar Jha For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 05-07-2019 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

The appellants seek pre-arrest bail in connection with Sabour (Goradih) P.S. Case No.348 of 2017 registered under Sections 354-B, 427, 448, 504 & 506/34 of the Indian Penal Code and Section 3 (i) (r) 3(2) (va) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989. Appellants are said to have slated the informant in the name of her caste arriving at her house and dragged out women folk of the house and harassed the informant branding her as dyne.

Patna High Court CR. APP (SJ) No.1796 of 2019(5) dt.05-07-2019 2/3 It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. Appellants have been falsely implicated in the case due to land dispute as the land on which the informant has constructed house has been sold out to the uncle of the informant by Ajay Kumar and others in the year 2017. The aforesaid allegation levelled against the appellant is not specific rather general and omnibus in nature. The allegation of slating the informant in the name of her caste is said to have been made in the house of the informant and not in public view, hence no offence under Section SC/ST Act is made out against the appellants. Appellants have no criminal antecedent.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. Sessions Judge cum Special Judge SC/ST Act, Bhagalpur in connection with Sabour (Goradih) P.S. Case No.348/2017,

Patna High Court CR. APP (SJ) No.1796 of 2019(5) dt.05-07-2019 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this appeal is allowed.

(Prakash Chandra Jaiswal, J) Trivedi/- U T