Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2624 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== Chhotu Yadav Son of Kailash Yadav Resident of Village- Rangiya, P.S.- Manatu, District- Palamu (Jharkhand).

... ... Appellant/s

Versus

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

For the Appellant/s :

Md. Javed Jafar Khan For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 17.05.2019 passed by learned Special Judge, SC/ST Act, Gaya in Imamganj P.S. Case No. 141 of 2018 registered under Sections 452, 354, 354(B), 504, 506 of the Indian Penal Code and Section 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant is said to have been teasing the informant in the course of stepping out of the house for study etc. and on 1.09.2018, when the informant was alone in the

Patna High Court CR. APP (SJ) No.2624 of 2019(2) dt.02-07-2019 2/3 house, appellant intruding into the house muffled her face by means of dupatta and tried to outrage her modesty, but on arrival of her maid, he left the scene extending threatening. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in this case due to political rivalry as the aunt of the informant happens to be Prakhand Pramukh and the informant is living with her at her house. Albeit the appellant is said to have been teasing the informant for long, but no complain has been lodged by the informant. Moreover, the occurrence is said to be of 01.09.2018, but the FIR has been lodged after inordinate and abnormal delay of around one month ten days without assigning any plausible reason and said FIR was sent to the court after 12 days which creates serious doubt about the prosecution case. Appellant has no criminal antecedent and has been languishing in custody since 26.02.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. APP (SJ) No.2624 of 2019(2) dt.02-07-2019 3/3 like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Gaya in connection with Imamganj P.S. Case No. 141 of 2018.

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

(Prakash Chandra Jaiswal, J) rohit/- U T