Abhimanyu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2044 of 2018 Arising Out of PS.Case No. -27 Year- 2018 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ===========================================================

1. Abhimanyu Yadav, Son of Arjun Yadav, Resident of Village- Makir Khoh, P.S.- Bhagwanpur, District- Kaimur.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Pawan Kumar Singh, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 31-07-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 04.05.2018 by the learned 1st Additional Sessions Judge-cum-Special Judge, Kaimur at Bhabua, in connection with Bhagwanpur Police Station Case No.27 of corresponding to SC/ST Reg. No.13 of 2018 registered under Sections 302,201,34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The family members of Sanichari Devi, the sister of the informant committed her murder just to grab the

Patna High Court CR. APP (SJ) No.2044 of 2018 dt.31-07-2018 2/2 compensation amount awarded by the Govt. for death of the husband of Sanichari Devi in police custody. Allegation against the appellant is that with co-villager and he was involved in the disposal of dead body of Sanichari Devi just to screen the evidence of cognizable offence. Appellant is in custody since 14.02.2018. Investigation of the case is already closed. Appellant has got no criminal antecedent.

Considering the aforesaid material, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date02.08.2018 Transmission Date 02.08.2018