Patna High Court - Orders
Pranav Kumar @ Bambam Yadav vs The State Of Bihar on 5 November, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4694 of 2019
Arising Out of PS. Case No.-76 Year-2018 Thana- SC/ST District- Purnia
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Pranav Kumar @ Bambam Yadav Son of Pranesh Yadav @ Paras Yadav
Resident of Village- Kali Prasad Yadav Tola Madhubani, P.S.- K. Hat
(Madhubani), District- Purnia.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ram Prawesh Kumar
For the Respondent/s : Mr. Binay Krishna
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
2 05-11-2019Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 20.09.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge, POCSO Act, Purnea in SC/ST P.S. Case No. 76 of 2018, arising out of Special POCSO Case No. 154 of 2018 registered under Sections 341, 323, 354C, 504, 506/34 of the Indian Penal Code, Section 12 of POCSO Act and Section 3(1)(r)(s)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Appellant along with eight named and 15-20 Patna High Court CR. APP (SJ) No.4694 of 2019(2) dt.05-11-2019 2/3 unknown miscreants are said to have assaulted the informant and his uncle and slated them in the name of their caste on protest made by the informant over snooping sister of the informant in the course of changing her dress by the co-accused.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in this case merely because co- accused Santosh Kumar @ Yadav has lodged a case against the informant and others bearing K. Hat Madhubani P.S. Case No. 782/2018 to mount pressure to get the case compromised. Allegation levelled against the appellant is not specific rather general and omnibus in nature. None has sustained injury in the occurrence. There were altogether 29 accused persons present at the place of occurrence but, the informant has not stated in specific as to who slated him in the name of his caste. Parties to the case have compromised the matter. Appellant has no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a Patna High Court CR. APP (SJ) No.4694 of 2019(2) dt.05-11-2019 3/3 period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge cum Special Judge, POCSO Act, Purnea in SC/ST P.S. Case No. 76 of 2018, arising out of Special POCSO Case No. 154 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) rohit/-
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