Rajdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2746 of 2018 Arising Out of PS.Case No. -153 Year- 2018 Thana -MAKHDUMPUR District- JEHANABAD ===========================================================

1. Rajdeo Yadav son of Raghuni Yadav Resident of Village - Malathi, P.S. - Makhdumpur (Tehta), District Jehanabad.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Surendra Kumar Mishra, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-10-2018 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 23.06.2018 in A.B.P. No.811 of 2018 passed by the learned Additional Sessions Judge-1st, Jehanabad in connection with Makhdumpur P.S.Case No. 153 of 2018 registered under Sections 341,323,307,504 of the Indian Penal Code as well as under Sections 3(i)(x)(s), 3(2)(r)(va) of the Scheduled Castes and Scheduled Tribes Act.

One Devrani Devi had lodged Makhdumpur

Patna High Court CR. APP (SJ) No.2746 of 2018 dt.05-10-2018 2/3 P.S.Case No.154 of 2018 against the informant of this case for the occurrence dated 17.05.2018.

Submission is that the appellant has favoured Devrani Devi, as both were jointly cultivating lands on Bataidari and were getting good profit, which was not liked by the society people including the informant and due to that reason, present false FIR has been lodged. The aforesaid fact has come during investigation of the present case, which would be evident from the case diary. Finding substance in the submission aforesaid, 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 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.2746 of 2018 dt.05-10-2018 3/3 Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.10.2018 Transmission Date 06.10.2018