Vijay Yadav @ Bijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4130 of 2021 Arising Out of PS. Case No.-147 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== VIJAY YADAV @ BIJAY YADAV Son of Ramdheni Yadav Resident of Village - Kamal Pipra, P.S.- Paharpur, District - East Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Nafisuzzoha, Adv.

For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2021 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 16.08.2021, passed by learned 1st Additional Sessions Judge -cum- Special Judge (SC/ST), East Champaran, in connection with Harsidhi P.S. Case No.147 of 2021, registered under sections 302, 201, 120(B)/34 of the IPC and sections 3 (2) (V) of the SC and ST Act.

The prosecution case in brief, is that the informant's wife was allured by the appellant, who took her away for marriage purpose. It is alleged that the appellant always abused him by caste name. Thereafter, his wife was killed by the accused

Patna High Court CR. APP (SJ) No.4130 of 2021(2) dt.15-12-2021 2/3 persons including the appellant and her dead body was concealed.

It is submitted by learned counsel for the appellant that the appellant is innocent and has not committed any such offence. He has been falsely implicated in the case merely on suspicion. There is no eye-witness to the alleged occurrence. As per the allegation, informant's wife left him on 16.04.2021 for getting married with the appellant but the FIR has been lodged after 15 days i.e. on 30.04.2021 without any explanation for such delay, which creates doubt about the prosecution case. It is further submitted that there is no material or evidence to show that the appellant has abused the informant or his wife. The accusation does not constitute any offence under SC/ST Act is made out inasmuch as there is no allegation that the alleged occurrence has taken place in public view. The appellant has no criminal antecedent and has been languishing in custody since 30.04.2021.

There is no specific allegation against the appellant to abuse the informant or his family member by taking caste name, therefore, notice is not required to the informant. Learned Spl. PP for the State opposed the prayer for bail. In the facts and circumstance of the case, since there is no

Patna High Court CR. APP (SJ) No.4130 of 2021(2) dt.15-12-2021 3/3 eye-witness of the alleged occurrence and that the FIR has been lodged after a delay of 15 days, the above named appellant is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge -cum- Special Judge (SC/ST), East Champaran, in connection with Harsidhi P.S. Case No.147 of 2021.

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

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