Manjit Yadav @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2192 of 2024 Arising Out of PS. Case No.-477 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Manjit Yadav @ Manoj Kumar son of Vidyanand Yadav villageParmanandpur Ps- Murliganj Dist- Madhepura 2.

Vidyanand Yadav son of Late Mangen Yadav village- Parmanandpur PsMurliganj Dist- Madhepura ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dyanand Rajak son of Late Domi Rajak village- Parmanandpur PsMurliganj Dist- Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Manoj Kumar Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the parties.

2. This appeal has been filed for setting aside order dated 02.04.2024 passed in a case registered for the offence punishable under sections 341 , 324, 302 and 34 and other allied sections of the Indian Penal Code and sections 3(i)(r)(s) /3(2)(v) of the Scheduled Castes and Scheduled Tribes Act, and whereby the prayer for anticipatory bail of the appellant has been rejected.

3 . As per the prosecution case , on the alleged date and time of occurrence , these appellants along with all the F.I.R., named accused persons brutally assaulted the wife of

Patna High Court CR. APP (SJ) No.2192 of 2024(2) dt.20-08-2024 2/2 informant by means of dabiya and iron rod as a result of which she died and when informant and his son came to rescue they were also assaulted and abused by caste name .

4. It is submitted on behalf of the appellants that due to land dispute between the parties this false and concocted case has been lodged. Informant is not an eye witness to the alleged occurrence . Allegation of assault is general and omnibus. Appellants claim clean antecedent.

5. However, learned Spl. PP for the State opposed the prayer for bail and submitted that appellants are named in the F.I.R., and there is specific allegation against these appellants that they along with other co-accused persons committed murder of wife of informant and also abused the informant by caste name .

6. Considering the aforesaid facts, I do not find any reason to interfere with the impugned order, accordingly this appeal is dismissed.

(Prabhat Kumar Singh, J) Koushik/- U T