Kunal Yadav @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4324 of 2018 Arising Out of PS. Case No.-230 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Kunal Yadav @ Kunal Kumar S/o Rajdev Yadav, Resident of Village- Tajpur, P.S.- Ballia, Dist- Begusarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Indrajit Kumar For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Ballia P.S.Case no.230 of 2018 , registered for offences punishable under Sections 341, 323, 504, 354(D), 506/34 of the Indian Penal Code and Section 3(i)(v) of S.C./S.T. (Prevention of Atrocities) Act.

Allegation against the appellant is that while the informant was going along her daughter to the police station, the appellant came and dragged the daughter of the informant towards the Maize field and also assaulted by fists and slaps and abused her. There is further allegation that when the informant and others went to make complaints about the same, the father of the appellate abused them by caste name.

Submission of the learned counsel for the appellant is that the father of the appellant is working as Swakshta Sewak and

Patna High Court CR. APP (SJ) No.4324 of 2018(3) dt.16-01-2019 2/2 there is dispute between the informant and father the appellant and for that the present case has been lodged and no specific allegation of abuse by caste name has been made against the appellant.

Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant , above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st, Begusarai in connection with A.B.A. No.2315 of 2018 arising out of Ballia P.S.Case No.230 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation of the case.

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

(Vinod Kumar Sinha, J) chn/- U T