Parmeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3188 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== 1.

Parmeshwar Yadav Son Of Late Akal Yadav R/O Village- Bhagwanpur, P.S.- Mohanpur, District- Gaya 2.

Shiv Nandan Yadav Son Of Late Jagdeo Yadav R/O Village- Bhagwanpur, P.S.- Mohanpur, District- Gaya 3.

Saryu Yadav Son Of Late Shiva Yadav R/O Village- Bhagwanpur, P.S.- Mohanpur, District- Gaya ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Phulwa Devi Wife Of Ram Swaroop Paswan R/O Village- Bhagwanpur, P.S.- Mohanpur, District- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Md. Murad Ashraf For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard the learned counsel for the appellants and learned Special P.P for the State.

The appellants have challenged the order dated 27.06.2022 passed by learned Exclusive Special Judge, SC/ST Act, Gaya in ABP. No. 129 of 2022 in connection with Barachatti (Mohanpur) P.S Case No. 196 of 2022 instituted for the offences punishable under Sections 323, 341, 504, 506 of the Indian Penal Code and Section 3(1)(r)(s) of the SC & St (Prevention of

Patna High Court CR. APP (SJ) No.3188 of 2022(2) dt.13-10-2022 2/3 Atrocities) Act, whereby their prayer for being released on anticipatory bail has been rejected.

The accusations are of making assault and abusing by calling caste name.

It is submitted by learned counsel for the appellants that appellants have falsely been implicated in this case. There is counter version of the occurrence also and appellants' side also received injuries. A statement has been made in para 3 of the petition that appellants have no criminal antecedent.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 27.06.2022.

Accordingly, this appeal is allowed.

The appellants, above named, are directed to be released on bail in the event of their arrest or surrender within a period of four weeks from today and on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount

Patna High Court CR. APP (SJ) No.3188 of 2022(2) dt.13-10-2022 3/3 each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 196 of 2021.

(Sunil Kumar Panwar, J) nirajkrs/- U T