Satya Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4352 of 2018 Arising Out of PS. Case No.-253 Year-2017 Thana- KURSAKANTA District- Araria ====================================================== Satya Narayan Yadav Son of Munsi Lal @ Mushi Lal Yadav, resident of Village- Sonamani Godam, P.S. Kursakantas (Sonamani Godam), DistrictAraria. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Mukesh Kumar Rana For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Special (SC/ST) Case No.303 of 2017 arising out of Kursakanta (Sonamani Godam) P.S.Case no.253/2017 registered for offences punishable under Sections 341, 323, 504, 34 of the Indian Penal Code and Sections 3(i)(r)(s)(w)(i) (ii)/3(2)(va) of the SC/ST Act.

Allegation as per FIR is that while the inforamnt was coming from the market, the appellants and other accused persons caught hold her and abused by taking caste name and also tired to outrage her modesty.

Submission of the learned counsel for the appellant is that the FIR itself shows that there was dispute with

Patna High Court CR. APP (SJ) No.4352 of 2018(3) dt.03-01-2019 2/2 respect to removal of encroachment from near the school and for that the husband of the informant has lodged another case being Kursakanta (Sonamani Godam) P.S.Case no.259 of 2017, in which the appellant is not named and that falsify the present case.

Heard learned Special P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the appellant, rather let the appellant surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) chn/- U