LALA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Special P.P. for the State as well as learned counsel for the informant/respondent no.2.

(2.) This is an appeal under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dtd. 3/9/2021 passed by the learned Additional Sessions Judge 3rd-cum-Special Judge, SC/ST, Patna in connection with Special Case No. 13 of 2021 arising out of Fatuah P.S. Case No. 26 of 2021, registered for the alleged offences under Ss. 341, 342, 323, 364, 365, 504, 506/34 of the Indian Penal Code, Ss. 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (POA) Act.

(3.) The learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The daughter of the informant has lodged a case against the appellant bearing Fatuha P.S. Case No. 718 of 2020 in which the appellant has got bail. In order to harass the appellant, the present false case has been lodged. Learned counsel further submits that the son of the informant has been recovered by the police from the local market and he was not in possession of the appellant. Learned counsel further submits that the appellant is in custody since 8/8/2021 and charge-sheet has been submitted in this case.