Lalbabu Yadav @ Lal Babu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4517 of 2018 Arising Out of PS. Case No.-542 Year-2018 Thana- FATUA District- Patna ====================================================== LALBABU YADAV @ LAL BABU RAY SON OF LATE KHEMAN YADAV RESIDENT OF VILL. ARAI P.s. SHAHJAHANPUR DISTT. PATNA ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Shakti Suman Kumar For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 25-01-2019 By way of this memo of appeal,preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 9.10.2018 passed in ABP No.7458 of 2018 for the offences punishable under Sections 342, 365, 467, 468, 506 and 34 of the Indian Penal Code and Section 3(i)(r) of SC/ST Act by the learned 4th Addl. District and Sessions Jduge cum Special Judge SC/ST Act, Patna whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected. Allegation against the appellant is that the husband of the informant was kidnapped by the accused persons including the appellant and took his signature on the plain paper and also threatened him.

Patna High Court CR. APP (SJ) No.4517 of 2018 dt.25-01-2019 2/2 Submission of the learned counsel for the appellant is that the husband of the informant had taken money from the appellant and the accused persons were demanding the same, as such the present case has been lodged.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned Special Judge within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/-(twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Addl. Sessions Judge cum Special Judge SC/ST (POA) Act, Patna in connection with ABP No.7458 of 2018 in connection with Fatuha P.S.Case No.542 of 2018, subject to condition as laid down under Section 438 of Cr.P.C. (Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.1.2019 Transmission Date 28.1.2019