Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1559 of 2021 Arising Out of PS. Case No.-343 Year-2020 Thana- GOGRI District- Khagaria ====================================================== SUNIL SAH, Son of Late Parmanand Sah @ Paro Sah, Resident of VillageIthari, P.S.- Gogari, District- Khagaria. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ranjeet Kumar Singh, Advocate.

For the Respondent/s :

Mr. Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-06-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 07.11.2020 passed by the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act), Khagaria in Gogari P.S. Case No. 343 of 2020 registered under Sections 452, 376, 511, 379, 504 and 506 of the Indian Penal Code and Sections 3(i)(w) (i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Appellant is in custody since 21.09.2020 having no criminal antecedent. Allegation is that the appellant entered into the house of the complainant and committed abuse and assault

Patna High Court CR. APP (SJ) No.1559 of 2021(2) dt.30-06-2021 2/2 as well as attempted to outrage her modesty.

Submission is that since money of the appellant was due with the complainant as the complainant had purchased articles from the grocery of the appellant and for that reason, simple altercation had taken place and just to pressurize him, false case has been lodged.

Considering the submission aforesaid and completion of investigation, let the appellant, above named, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellant shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

(c) The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T