Ramchandra Yadav @ Ramchandra Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2790 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- SC/ST District- Gaya ====================================================== Ramchandra Yadav @ Ramchandra Kumar Suman S/o Ram Swaroop Yadav R/o Village- Beladih, P.S.- Bodh Gaya (Cherki), District- Gaya ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ajay Kumar Sinha For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2019 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 of anticipatory bail vide order dated 3.06.2019 passed by learned Exclusive Special Judge, SC/ST Act, Gaya in SC/ST P.S. Case No. 50 of 2018 registered under Sections 147, 341, 504, 506, 354, 379/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In the course of cutting grass, the appellant descended there and started slating the informant and on protest made by her, he shoved her on the ground and tore her blouse

Patna High Court CR. APP (SJ) No.2790 of 2019(2) dt.16-07-2019 2/3 and assaulted her.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. Preceding to the case under hand, the appellant has filed informatory petition bearing informatory petition no. 805/2017 before the CJM, Gaya against the informant and others on 23.03.2017, and thereafter, the informant has filed complaint petition against the appellant after inordinate delay of 23 days without supporting with the affidavit and copy of the information given to the P.S. Thus, the aforesaid compliant petition has been filed after inordinate delay without assigning any plausible reason for the aforesaid delay. Appellant has no criminal antecedent. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned Exclusive Special Judge, SC/ST Act, Gaya in connection with SC/ST P.S. Case

Patna High Court CR. APP (SJ) No.2790 of 2019(2) dt.16-07-2019 3/3 No. 50 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

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