Naval Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1386 of 2018 Arising Out of PS.Case No. -219 Year- 2017 Thana -DHARHARA District- MUNGER ======================================================

1. Naval Yadav, Son of Parmeshwar Yadav, Resident of Village- Mangrah, P.S.- Dharhara, Distt- Munger.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== with Criminal Appeal (SJ) No.1396 of 2018 Arising Out of PS.Case No. -219 Year- 2017 Thana -DHARHARA District- MUNGER ======================================================

1. Kumari Punam, wife of Narsingh Tanti,

2. Abhilasha Devi, daughter of Narsingh Tanti, Both resident of VillageMangarh, P.S. Dharhara, District- Munger. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

(In CR. APP (SJ) No.1386 of 2018) For the Appellant/s : Mr. Manohar Prasad Singh For the Respondent/s : Mr. Sri Sadanand Paswan (In CR. APP (SJ) No.1396 of 2018) For the Appellant/s : Mr. Manohar Prasad Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-05-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned Special

Patna High Court CR. APP (SJ) No.1386 of 2018 (2) dt.14-05-2018 2/3 Judge (S.C./S.T.), Dharhara P.S. Case No. 219 of 2017 registered under Sections 302/ 120-B/307/341/323/147/148/149/324/387/504 and 506 of the Indian Penal Code as well as Section 3(1) ® (s)/3(11)(v/a) of the SC/ST Act.

The allegation of commission of assault to the deceased-husband of the informant is against other named persons. Only allegation against the appellant is of demand of ransom. Old land dispute is reason behind the occurrence. Co-accused Bikku Yadav has already been allowed anticipatory bail by this Court in Cr. APP (SJ) No. 899 of 2018.

Submission is of false implication due to civil suit which is already going on between the parties. Hence, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation and trial of the case, failing

Patna High Court CR. APP (SJ) No.1386 of 2018 (2) dt.14-05-2018 3/3 which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) sushma/- U T