Bhola Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.115 of 2018 Arising Out of PS.Case No. -521 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bhola Sahani,
2. Mukesh Sahani Both Sons Dhrup Sahani, R/o Village- Jhakhiya, P.S.- Banjariya, District- East Champaran. .... .... Appellant/s
Versus
1. The State of Bihar . .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Anil Kumar, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2018 Heard learned counsel for the parties.
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 by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran at Motihari, in connection with SC/ST Sessions Trial No. 43 of 2017 arising out of Turkauliya Police Station Case No.521 of 2017 registered under Sections 341,323,324,307,354,448,504,376,511/34 of the Indian Penal Code, and Sections 3(i)(r)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as Section 4/8 of Protection of Children from Sexual Offences Act.
Appellants are in custody 27.08.2017.
According to FIR, the appellants alongwith
Patna High Court CR. APP (SJ) No.115 of 2018 (4) dt.26-02-2018 their parents had gone into the house of the complainant to ravish her. The appellants allegedly attempted to ravish her and subsequently abused her by taking caste name and also committed assault.
Submission is that for land dispute, false allegation has been levelled, it is highly improbable that the appellants would accompany their parents for commission of such a heinous offence. Moreover, the impugned order would itself reveal that the trial has not started as yet. Considering the nature of allegation and period already undergone by the appellants as well as statement of the appellants that they have got no criminal antecedent, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand)each 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 condition that the appellants 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 appellants.
Accordingly, the appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T