Ranjan Kumar @ Bindi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2858 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== 1.

RANJAN KUMAR @ BINDI YADAV SON OF RAJENDRA YADAV @ RAJENDRA PRASAD YADAV VILLAGE BHAGWANPUR, PS FATEHPUR, DISTT GAYA 2.

RAJENDRA PRASAD YADAV @ RAJENDRA YADAV SON OF RAMFAL YADAV RESIDENT OF VILLAGE- BHAGWANPUR, PSFATEHPUR, DISTRICT- GAYA 3.

MAHENDRA YADAV @ DHARMENDRA YADAV @ DHARMENDRA KUMAR SON OF CHANDAR YADAV RESIDENT OF VILLAGEBHAGWANPUR, PS- FATEHPUR, DISTRICT- GAYA ... ... Appellant/s

Versus

1.

The State of Bihar 2.

USHA DEVI WIFE OF VIRENDRA CHAUDHARY RESIDENT OF VILLAGE- BHAGWANPUR, PS- FATEHPUR, DISTRICT- GAYA ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shashank Shekhar, Adv.

For the Respondent/s :

Mrs.Usha Kumari 1, Spl.P.P.

Mr.Vishwa Ranjan Choudhary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the appellants, learned counsel for the respondent no.2 and learned Spl.P.P. for the State. 2.

This is an appeal under section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 10.04.2023, passed by learned Exclusive Special Judge, S.C/S.T., Gaya, in connection with Fatehpur P.S. Case No.169

Patna High Court CR. APP (SJ) No.2858 of 2023(4) dt.11-10-2023 2/3 of 2023, registered u/s 341, 323, 354, 504, 506/34 of the IPC and section 3(i)(r)(s) of the SC/ST Act.

3.

As per F.I.R., allegation upon the appellants is that they along with other co-accused persons abused and misbehaved with female family members of the informant and assaulted the male members of the family.

4.

It is submitted by learned counsel for the appellants that the appellants are innocent and have not committed any offence. No such occurrence, in the manner as alleged has ever taken place. Appellants have been falsely implicated in the case with frivolous allegation. It is submitted that no offence under the SC/ST Act is made out against the appellants as there is no specific overt act against them to abuse the informant's side by taking their caste name. Appellants have no criminal antecedent.

5.

Learned Spl. PP for the State as well as learned counsel for the respondent no.2 opposed the prayer for bail by submitting that there is specific allegation against the appellants that they along with other co-accused abused the informant and her family members.

6.

Considering the facts and circumstances of the case and the nature of allegation, I do not find it a fit case for grant of

Patna High Court CR. APP (SJ) No.2858 of 2023(4) dt.11-10-2023 3/3 anticipatory bail. The prayer for grant of bail on behalf of the appellants is hereby rejected.

7.

Accordingly, the appeal is dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T