Sokindar Yadav @ Sukhindar Yadav @ Sukhindra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4916 of 2021 Arising Out of PS. Case No.-181 Year-2020 Thana- KEWATI District- Darbhanga ====================================================== 1.
SOKINDAR YADAV @ SUKHINDAR YADAV @ SUKHINDRA YADAV S/o- Shri Ramlakhan Yadav @ Lakhan Yadav Resident of Village- Dome, P.S.- Keoti, District- Darbhanga.
2.
Bipin Kumar Yadav @ Bipin Kumar Shri Sukhindra Yadav @ Sokindar Yadav @ Sukhindar Yadav Resident of Village- Dome, P.S.- Keoti, DistrictDarbhanga. 3.
Kanchan Devi D/o- Shri Sukhindra Yadav @ Sokindar Yadav @ Sukhindar Yadav Resident of Village- Dome, P.S.- Keoti, District- Darbhanga. 4.
Manjan Kumari @ Manchan Kumari D/o- Shri Sukhindra Yadav @ Sokindar Yadav @ Sukhindar Yadav Resident of Village- Dome, P.S.- Keoti, District- Darbhanga.
5.
Sohanta Devi @ Usha Devi W/o- Shri Sukhindra Yadav @ Sokindar Yadav @ Sukhindar Yadav Resident of Village- Dome, P.S.- Keoti, DistrictDarbhanga. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Urmila Devi wife of Pramod Paswan Resident of village- Dome, P.S.- Keoti, Dist-Darbhanga ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Shambhu Nath Jha For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-09-2022 Heard learned counsel for the appellants and learned APP for the State.
Learned counsel for the appellants is directed to remove all the defects pointed out by the Stamp Reporter within one month.
This appeal has been preferred on behalf of the
Patna High Court CR. APP (SJ) No.4916 of 2021(4) dt.15-09-2022 2/3 appellants under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 05.10.2021 in connection with Koeti P.S.Case No. 181 of 2020, registered for the offences punishable under Sections 341, 323, 324, 304 and 320/34 of the Indian Penal Code and Section 3(i)(r)(s) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellants has been rejected. As per allegation, the accused persons assaulted the informant and abused her by calling her caste name. Learned counsel for the appellants has submitted that the FIR itself shows that there was previous enmity and the informant herself has stated that the dispute arose due to quarrel between the children of both sides, as such, the occurrence cannot be said to have originated due to malicious feeling of caste. He has submitted further that the appellants are the persons of clean antecedents.
Considering the facts and circumstances, the appeal is allowed and the impugned order dated 05.10.2021 is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellants, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like
Patna High Court CR. APP (SJ) No.4916 of 2021(4) dt.15-09-2022 3/3 amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge (POA Act), Darbhanga in connection with Keoti P.S.Case No. 181 of 2020. Office shall ensure that all the defects are removed by the appellants within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) HR/- U T