Markandey Lal @ Markandey Nath Durg v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.8 of 2022 Arising Out of PS. Case No.-254 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== MARKANDEY LAL @ MARKANDEY NATH DURG Son of Manohar Murli Nandkuliar @ Manohar Lal Resident of Village- Paharpur, P.S.- Fatehpur, District- Gaya (Bihar).

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mamta Kumari Sudhashwar Manjhi Resident of Jamheta, P.S.- Fathehpur, Dist- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ajay Kumar Sharma For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-09-2022 Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the appellant.

None appeared on behalf of the informant, despite notice having been served on her.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 01.12.2021 in connection with Fatehpur P.S.Case No. 254 of 2021, registered for the offences punishable under Sections 341, 323, 354(B) and 504 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 appellant has been rejected. As per allegation, the appellant abused the informant

Patna High Court CR. APP (SJ) No.8 of 2022(4) dt.07-09-2022 2/2 without any reason by calling her caste name. Learned counsel for the appellant has submitted that the entire allegation is false and frivolous. He has submitted further that the appellant is a person of clean antecedent and both the parties have compromised the case.

Considering the facts and circumstances, the appeal is allowed and the impugned order dated 01.12.2021 is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellant, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in connection with Fatehpur P.S.Case No. 254 of 2021. Office shall ensure that all the defects are removed by the appellant 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