Ranjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2816 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -BENIPATTI District- MADHUBANI ===========================================================

1. Ranjeet Yadav, Son of Dukh Haran Yadav, Resident of Village- Samda, P.S.- Benipatti, District- Madhubani.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Gagan Deo Yadav, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 30-08-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 12.07.2018 in A.B.P. No.1015 of 2018 passed by the learned 1st Additional Sessions Judge, Madhubani in connection with Benipatti P.S.Case No. 68 of 2018 registered under Sections 302,201/34 of the Indian Penal Code as well as under Sections 3(2)(v)/3(2)(v)(a)of the Scheduled Castes and Scheduled Tribes Act.

According to FIR, co-accused-Dheeraj Kumar had love affairs with the daughter of the informant. However, daughter of the informant was married with some other person.

Patna High Court CR. APP (SJ) No.2816 of 2018 dt.30-08-2018 2/3 Dead body of the daughter of the informant was found from the Hut of the informant. The dead body was disposed of. Thereafter, FIR was lodged with allegation that due to love affairs, Dheeraj Kumar and others might have committed murder of the victim after commission of rape. Submission is that the appellant is father of coaccused-Dheeraj Kumar. Since dead body was disposed of by the informant himself, no evidence is available on the record to substantiate the allegation of murder or suicide or commission of rape. Just to pressurize, false case has been lodged.

Considering the aforesaid facts, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of 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 and both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Patna High Court CR. APP (SJ) No.2816 of 2018 dt.30-08-2018 3/3 appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date31.08.2018 Transmission Date 31.08.2018