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Patna High CourtCR. APP (SJ)/940/2018dismissed

Sunil Kumar @ Karu Yadav v. The State Of Bihar

2018-05-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.940 of 2018 Arising Out of PS. Case No.-1 Year-2016 Thana- ATRI District- Gaya ====================================================== Sunil Kumar @ Karu Yadav, Son of Ram Lakhan Yadav @ Ram Lakhan Prasad, Resident of Village - Dhaukal Bigha P.S. Atri, District Gaya. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sheikh Arkan Ahmad For the Respondent/s :

Smt. Usha Kumari No.-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-05-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned Special Judge,(S.C./S.T. Act), Gaya, in Atri P.S. Case No. 01 of 2016 registered under Sections 341,447,385,504,506 of the Indian Pena Code as well as under Section 3 (i)(x) of the SC/ST (Prevention of Atrocities ) Act, 1989.

The informant is a Panchayat Teacher, allegation in the FIR is that the appellant and others entered into the school premise and abused the informant for non-payment of ransom in the matter of dress and scholarship allowance for the students. Further allegation is that they committed assault and mischief

Patna High Court CR. APP (SJ) No.940 of 2018(4) dt.03-05-2018 2/2 by damaging the furniture of their school.

Learned counsel for the appellant submits that false implication is there as the appellant and others were making complaint against embezzlement of public money by the informant. However, no such evidence has been produced on the record.

Learned counsel for the State submits that other witnesses have also supported as eye-witness of the occurrence. Considering the aforesaid facts, narrated above, I do not find any reason to interfere with the impugned order. Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) khushbu/- U T