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Patna High CourtCR. APP (SJ)/3512/2017allowed

Rahul Yadav And ANR v. The State Of Bihar

2017-12-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3512 of 2017 Arising Out of PS.Case No. -179 Year- 2017 Thana -SAHIYARA District- SITAMARHI ======================================================

1. Rahul Yadav, S/o Birendra Prasad Yadav @ Birendra Yadav,

2. Raushan Yadav Birendra Prasad Yadav @ Birendra Yadav, Both R/o Village- Dihthi, Ward No. 8, P.S.- Sahiyara, District- Sitamarhi. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pushpendra Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2017 Heard learned counsel for the parties.

This is an appeal under Section 14(2)(A) 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 regular bail by the learned Special Judge (S.C./S.T.), Sitamarhi in Sahiyara P.S. Case No. 179 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code as well as Sections 3(i)(r)(s) of the SC/ST Act.

Sangita Devi had lodged Majorganj P.S. Case No. 396 of 2017 on 24.09.2017 under Sections 363 and 366A/34 of the Indian Penal Code against Jitendra Baitha, the full-brother of the informant of this case.

Patna High Court CR. APP (SJ) No.3512 of 2017 (3) dt.21-12-2017 2/2 Submission is that due to that grudge, the present FIR has been lodged wherein Suresh Prasad Yadav is one of the co-accused who is father of Pankaj Baitha.

Considering the background and general and omnibus nature of allegation against the appellants, let the appellants, above named, 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 learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellants shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, this application stands allowed. (Birendra Kumar, J) Kundan/- U T