Rajiv Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3070 of 2018 Arising Out of PS.Case No. -288 Year- 2018 Thana -SAUR BAZAR District- SAHARSA ===========================================================

1. Rajiv Yadav S/o Akleshwari Yadav resident of Village - Paharpur, P.S. - Sour Bazar (Patarghat O.P.), District - Saharsa.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Amarnath Jha, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-10-2018 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 against the refusal of prayer for anticipatory bail vide order dated 03.07.2018 passed by learned 1st Additional Sessions Judge-cumSpecial Judge I/C, Saharsa, in A.B.P. No. 549 of 2018, arising out of Sour Bazar (Patarghat O.P.) Police Station Case No.288 of 2018 (Special Case No.10 of 2018), registered under Sections 341/323/354B/504/506 of the Indian Penal Code and Sections 3(i)(r(s)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the nature of allegation against the appellant

Patna High Court CR. APP (SJ) No.3070 of 2018 dt.06-10-2018 P2/ disclosed in the FIR, in my view, this is not a fit case for grant of anticipatory bail. However, in the event of surrender of the appellant within four weeks, the Court-below shall consider the prayer for regular bail without being prejudiced by this order as well as considering the fact that parties have entered into a compromise. Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date09.10.2018 Transmission Date 09.10.2018