Bittu Kumar @ Bittu Yadav @ Ravi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4236 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- SIGAUDI District- Patna ====================================================== Bittu Kumar @ Bittu Yadav @ Ravi Yadav Son Of Arun Yadav VillageChandhos Ps- Sigori Dist- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rita Devi wife of Yogendra Paswan Village- Chandhos Ps- Sigori Distpatna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. Learned Special Public Prosecutor for the State has informed that in compliance of the order dated 08.11.2023, he has informed the informant/complainant but none is present on his/her behalf.

3. This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 09.06.2023, passed by learned Exclusive Special Court, SC/ST Act, Patna in connection with Sigori P.S. Case No. 190 of 2022, registered under Sections 341, 323, 379, 354, 504, 506/34 of

Patna High Court CR. APP (SJ) No.4236 of 2023(4) dt.31-01-2024 2/3 the IPC and Sections 3(i) (r) (S) of SC/ST Act.

4. Appellant along with other accused persons are said to have assaulted and abused the informant, her husband and nephew.

5. It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the appellant to abuse the informant by taking caste name. He submits that there is general and omnibus allegation levelled against the appellant. He submits that no person has been injured in the occurrence. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal.

6. However, learned Special P.P. for the State opposes the prayer for bail.

7. Considering the facts and circumstances of the case, let the above named appellant in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, SC/ST Act, Patna in connection with Sigori P.S. Case No. 190 of 2022, subject to

Patna High Court CR. APP (SJ) No.4236 of 2023(4) dt.31-01-2024 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C.

8. Accordingly, the impugned order is set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) devendra/- U T