Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4525 of 2018 Arising Out of PS. Case No.-238 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Anil Yadav son of Rajo Yadav, Resident of Village- Makanpur, P.S. Warisaliganj, District- Nawada.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Birendra Kumar For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 25-01-2019 By way of this memo of appeal,preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 2.11.2018 passed in ABP No.1773 of 2018 arising out of Warisaliganj P.S.Case No.238 of 2018 dated 15.7.2018 for the offences punishable under Sections 341, 323, 504, 34 of the Indian Penal Code and Section 3(i)(r) of SC/ST Act by the learned Addl. Sessions Judge I cum Spl. Judge, Nawada whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

Allegation against the appellant is of threatening the informant for compromise the case earlier filed by the informant and abused her and also her son was kidnapped but he came back.

Patna High Court CR. APP (SJ) No.4525 of 2018 dt.25-01-2019 2/2 Submission of the learned counsel for the appellant is that the police has already submitted final form in the year, 2016 in earlier case lodged against the appellant and others and the present allegation is of the year, 2018 and the case has been lodged after three days delay.

Hard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sess. Judge I cum Spl. Jduge, Nawad in connection with ABP No.1773 of 2018 arising out of Warisaliganj P.S.Case No.238 of 2018 subject to condition as laid down under Section 438 of Cr.P.C.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.1.2019 Transmission Date 28.1.2019