Patna High Court - Orders
Surendra Yadav vs The State Of Bihar on 6 January, 2020
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4295 of 2019
Arising Out of PS. Case No.-157 Year-2019 Thana- CHOUTARWA District- West
Champaran
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1. SURENDRA YADAV S/o Maksudan Yadav R/o Village- Mehadi,
Kohargatti, P.S.- Chautarwa, District- West Champaran
2. Maksudan Yadav S/o Late Lal Chand Yadav R/o village- Mehadi,
Kohargatti, P.S.- Chautarwa, District- West Champaran
3. Santosh Yadav S/o Maksudan Yadav R/o village- Mehadi, Kohargatti, P.S.-
Chautarwa, District- West Champaran
4. Bhola Yadav @ Ajay Yadav @ Ajay Kumar Yadav S/o Sudheer Yadav R/o
village- Mehadi, Kohargatti, P.S.- Chautarwa, District- West Champaran
5. Jhannu Yadav @ Bijendra Yadav S/o Maksudan Yadav R/o village- Mehadi,
Kohargatti, P.S.- Chautarwa, District- West Champaran
6. Jai Prakash Yadav S/o Maksudan Yadav R/o village- Mehadi, Kohargatti,
P.S.- Chautarwa, District- West Champaran
7. Lorik Yadav S/o Jagdish Yadav @ Babulal Yadav R/o village- Mehadi,
Kohargatti, P.S.- Chautarwa, District- West Champaran
8. Dhuran Yadav S/o Late Mala Yadav R/o village- Mehadi, Kohargatti, P.S.-
Chautarwa, District- West Champaran
9. Puran Yadav S/o Late Mala Yadav R/o village- Mehadi, Kohargatti, P.S.-
Chautarwa, District- West Champaran
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Sanjay Kumar No 7
For the Respondent/s : Mr.Binay Krishna
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
3 06-01-2020Heard the parties.
By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 28.8.2019 passed in Chautarwa P.S.Cae No.157 of 2019 for the offences punishable under Sections 323, 324, 307, 341, 504, 506, 509 and 34 of the Indian Penal Code and Section 3(i)(r), 3(2)(v) of SC/ST (POA) Act by the learned 1st Addl. District and Sessions Judge cum Special Judge Patna High Court CR. APP (SJ) No.4295 of 2019(3) dt.06-01-2020 2/3 (SC/ST/POCSO), Bettiah, West Champaran, whereby and where-under, the appellants' application for grant of anticipatory bail has been rejected.
As per FIR, though the appellants are named in the FIR. There is specific allegation against the appellant nos. 3 and 4 that they abused the daughters of the informant and when the son of the informant protested, they abused him by taking caste name, further allegation against the appellant no.1 is of giving order to co-accused Sudhir Yadav to assault to the son of the informant by Farsa causing injury and allegation against the appellant no.2 is that he assaulted by rod on head of the informant and allegation against appellant no.7 is that he assaulted by rod to one Pradeep Ram causing injury to him and the allegation against appellant no.5 is that he assaulted by lathi causing injury to Ranjeet Ram. So far appellant nos. 6, 8 and 9 are concerned, they are named but no specific allegation has been attributed against them.
Submission of the learned counsel for the appellants is that the whole allegation is false and concocted and there is case and counter case between the parites and now they have compromised the case also.
Heard learned Special P.P. also, who has opposed Patna High Court CR. APP (SJ) No.4295 of 2019(3) dt.06-01-2020 3/3 the prayer for bail on the ground of having specific allegation against the appellants and they are named in the FIR also..
Having heard both sides and in in view of submissions as made above, so far appellant nos. 6, 8 and 9 are concerned, this appeal is allowed and the impugned order is set aside, let the appellant nos. 6, 8 and 9 , above named, in the event of their arrest or surrender before the learned court below be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District and Sessions Judge cum Special Judge (SC/ST/POCO), Bettiah, West Champaran in connection with Chautarwa P.S.Case No.157 of 2019 subject to condition as laid down under Section 438 of Cr.P.C.
So far appellant no.1 to 5 and 7 are concerned, they have to surrender and pray for regular bail.
With the above direction, this appeal is disposed of.
(Vinod Kumar Sinha, J) chn/-
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