Allowed

Udesh Yadav @ Ranjeet Yadav @ Ranjeet v. The State of Bihar

Patna HC22 Jul 2019CR. APP (SJ)/1255/2019

Case brief

AI extract

What is this about?

The appellant, convicted in an SC/ST atrocity case involving sexual harassment, appealed the refusal of bail. The Court allowed the appeal, set aside the impugned order, and directed the appellant to be enlarged on bail upon furnishing a bond.

What did the court decide?

The appellant was directed to be enlarged on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.

Udesh Yadav @ Ranjeet Yadav @ Ranjeet Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1255 of 2019

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Arising Out of PS. Case No.-46 Year-2018 Thana- SC/ST District- Gaya

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======================================================

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Udesh Yadav @ Ranjeet Yadav @ Ranjeet Son of Kishan Yadav Resident of Village- Bardag, Police Station- Mohanpur, District- Gaya

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Tej Narayan Singh For the Respondent/s : Mrs. Usha Kumari 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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4 22-07-2019

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Heard learned counsel for the appellant and learned Spl. PP for the State.

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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 for bail vide order dated 19.02.2019 passed by learned 1^st Addl. Sessions Judgecum-Special Judge (POCSO Act), Gaya in SC/ST P.S. Case No. 46 of 2018 registered under Sections 376, 511, 504, 506 of the Indian Penal Code, Section 3(1)(r)(s)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 8 of the POCSO Act.

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Appellant is said to have been teasing and tried to outrage the modesty of younger sister of the informant when she

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Patna High Court CR. APP (SJ) No.1255 of 2019(4) dt.22-07-2019 2/3

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had gone out for defecation, but on arrival of the informant and his villagers, he made good his escape brandishing revolver. Later on, he descended at his house and slated him in the name of his caste and also extended threatening of dire consequence in case of lodging the FIR and he also extended threatening of dire consequence on the point of revolver when he was proceeding to P.S. for lodging the case against him.

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It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. Slating the informant in the name of his caste is said to have been made inside the house of the informant. There is inordinate and abnormal delay of four days in lodging the FIR without assigning plausible explanation of the same. He has been languishing in custody since 28.11.2018.

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Learned Spl. PP for the State opposed the prayer

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for bail.

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In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. Sessions Judge-cum-Special Judge (POCSO

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Patna High Court CR. APP (SJ) No.1255 of 2019(4) dt.22-07-2019 3/3

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Act), Gaya in connection with SC/ST P.S. Case No. 46 of 2018.

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Accordingly, the impugned order is set aside and

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appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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rohit/-

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U T

Udesh Yadav @ Ranjeet Yadav @ Ranjeet v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Udesh Yadav @ Ranjeet Yadav @ Ranjeet v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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