Santosh Yadav @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2981 of 2023 Arising Out of PS. Case No.-336 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== SANTOSH YADAV @ SANTOSH KUMAR Son of Rajendra Yadav @ Rajendra Prasad Resident of Village - Bairiya Tand, P.S.- Sirdalla, District - Nawada.
... ... Appellant/s
Versus
1.
The State of Bihar 2.
Manti Devi Wife of Surendra Manjhi Resident of Village - Baktauriya, P.S.- Fatehpur, District - Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Manish Kumar No2 For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. Though, the notice has validly been served upon the respondent no. 2, nobody appeared on behalf of respondent no. 2.
3. This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act), against the refusal of prayer of anticipatory bail vide order dated 18.05.2023 passed by learned Exclusive Special Judge SC/ST Act Special Court, Gaya, in connection with Fatehpur P.S. Case No. 336 of 2022 registered under
Patna High Court CR. APP (SJ) No.2981 of 2023(3) dt.18-10-2024 2/3 Sections 341, 323, 504, 506, 376/34 of the Indian Penal Code and Sections 3(i)(r)(s), 3(ii)(v) of the SC/ST Act.
4. The prosecution case, in brief, is that when the informant namely Manti Devi was grazing her animals, the FIR named accused persons came and abused her by taking caste name and also assaulted her.
5. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. There is no allegation of slating the informant in the specific name of his caste. He submits that there is no specific overt act against the appellant and the appellant is only the member of mob. He further submits that there is specific allegation against co-accused Antosh Yadav @ Sitan Yadav, who has been granted anticipatory bail by this Court vide order dated 22.03.2023 passed in Cr. Appeal (SJ) No. 4244 of 2022. Appellant has got no antecedent as mentioned in para-3 of memo of the appeal.
6. Learned Spl. PP for the State opposes prayer for bail.
7. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the appellant, let the above named appellant, in the event of his
Patna High Court CR. APP (SJ) No.2981 of 2023(3) dt.18-10-2024 3/3 arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge SC/ST Act Special Court, Gaya, in connection with Fatehpur P.S. Case No. 336 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. Accordingly, the impugned order is set aside and this appeal is allowed.
(Anjani Kumar Sharan, J) anand/- U T