Mantu Yadav @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3783 of 2021 Arising Out of PS. Case No.-315 Year-2020 Thana- ATRI District- Gaya ====================================================== MANTU YADAV @ MANTU KUMAR SON OF RAJO YADAV R/O VILLAGE- SUKHE BIGHA, P.S.- ATRI, DISTRICT- GAYA ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Syed Asgher Najmi For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2021 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Vide a detailed order dated 06.10.2021, the appellant was granted provisional bail and case diary was called for in this case.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. Appellant has never assaulted the old lay i.e. the grandmother of the inforamnt. No offence under SC/ST Act is made out against the appellant. There is inordinate delay of one day in lodging the case without assigning any plausible explanation for the said delay which creates serious doubt about the prosecution case. Appellant has no criminal antecedent.

Patna High Court CR. APP (SJ) No.3783 of 2021(4) dt.21-12-2021 2/2 Having heard learned counsel for the appellant and learned Special Public Prosecutor for the State, perusing the case record and the case diary, the provisional bail granted to the appellant vide order 06.10.2021 is hereby confirmed. Accordingly, the impugned order is set aside and this appeal is allowed.

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