Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4763 of 2018 Arising Out of PS. Case No.-365 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== 1.

Santosh Yadav 2.

Jai Prakash Yadav, both sons of Ram Veyash Rai 3.

Pappu Yadav, Son of Ram Nath Ray @ Ram Nath Yadav All Residents of Village- Kolharampur, P.S. Barhara, District- Bhojpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Manoj Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 11-04-2019 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 27.10.2018 passed by the learned 1st Addl. District Judge, Bhojpur at Ara in ABP No. 1658 of 2018 arising out of Barahara P.S.Case No. 365 of 2018 registered under Sections 323, 325, 341, 354, 379 and 506/34 of the Indian penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellants is of demanding Rs. 5000/- as Rangadari, abusing by caste name and assaulting the informant. It is also alleged that they tried disrobed the Bhabhi of the informant.

Patna High Court CR. APP (SJ) No.4763 of 2018 dt.11-04-2019 2/2 Submission of learned counsel for the appellants is that earlier to this case, appellants' side has also lodged for snatching of Rs. 40,000/- and of assaulting to appellant no. 1 Santosh Yadav so present case has been lodged just to save their skin from that case.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District Judge, Bhojpur at Ara in ABP No. 1658 of 2018 arising out of Barahara P.S.Case No. 365 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.

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