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Patna High CourtCR. APP (SJ)/4820/2019dismissed

Sunil Yadav v. The State Of Bihar

2019-12-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4820 of 2019 Arising Out of PS. Case No.-266 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== Sunil Yadav, Son of Sadhu Yadav, Resident of Village - Siswar, P.S.- Khizarsarai, District - Gaya, Bihar ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Brijeshwar Narayan Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-12-2019 This appeal has been filed for grant of anticipatory bail in connection with Khizarsarai P. S. Case No. 266 of 2019, for the offences under Section 354 of IPC and Section 3(1)(2) of the SC/ST (Prevention of Atrocities) Act.

As per F.I.R. there is allegation against the appellant that he has tried to outrage the modest of the daughter of informant.

Submission of learned counsel for the appellant is that no case is made out either under Section 354 of IPC or Section 3(1)(2) of the SC/ST (Prevention of Atrocities) Act. Heard learned Special P. P. also, who opposed the prayer for anticipatory bail on the ground that there are prima facie case made out against the appellant under Section 3(1)(2) of the SC/ST (Prevention of Atrocities) Act, as such, this appeal is not maintainable.

Patna High Court CR. APP (SJ) No.4820 of 2019(3) dt.17-12-2019 2/2 Having heard both sides, in view of the allegation, I am not inclined to grant privilege of anticipatory bail to the appellant. However, he has to surrender and pray for regular bail, the same shall be considered on its own merit, without being prejudiced by order of this Court.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T