Satyendra Kumar @ Satyendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2020 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== SATYENDRA KUMAR @ SATYENDRA BHAGAT S/o Sri Bhagya Narayan Bhagat Resident of Village-Baji Bujurg, P.S.-Sakra (Bariyarpur O.P.), District-Muzaffarpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Prakritita Sharma For the Respondent/s :

Mr. Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2021 Heard learned counsel for the appellant and learned Special P.P. for the State.

The present appeal has been filed against the order dated 04.06.2020 passed by learned Additional Sessions Judge, IX cum Special Judge, (SC/ST Act), Muzaffarpur, in connection with Sakra P.S. Case No. 17/2020 registered for the offences punishable under Sections 341/343/354(B)/34 of the Indian Penal Code and Sections 3(i)(r)(s)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants was rejected. As per the prosecution case, on the alleged date of occurrence, when the informant was returning to her house, this appellant stopped her and tried to outrage her modesty.

Patna High Court CR. APP (SJ) No.2020 of 2020(2) dt.27-01-2021 2/3 It is submitted on behalf of the appellant that the present case is completely false and concocted and has been lodged only with a view to put pressure on the appellant. It is further submitted that, in fact, husband of the informant is fair shop dealer against whom the appellant has filed an application on 23rd December, 2019 before the Sub-Divisional Officer, Muzaffarpur East, in return, this appellant has been falsely implicated in this case. Appellant has clean antecedent as stated in paragraph No. 3 of the petition.

Considering the aforesaid facts and circumstances as well as nature of allegation, the impugned order dated 04.06.2020 passed by learned Additional Sessions Judge, IX cum Special Judge, (SC/ST Act), Muzaffarpur, in connection with Sakra P.S. Case No. 17/2020 is set aside and appeal is allowed.

Accordingly, let the appellant, above named, in the event of arrest or surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IX cum Special Judge (SC/ST Act), Muzaffarpur, in connection with

Patna High Court CR. APP (SJ) No.2020 of 2020(2) dt.27-01-2021 3/3 Sakra P.S. Case No. 17/2020.

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