Sharma Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1422 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sharma Sahani, son of Prabhu Sahani, resident of Village- Khairi, Police Station- Pipra, District- East Champaran at Motihari. .... .... Appellant/s

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Dr. Amrendra Kumar, Adv. For the Respondent/s : Smt Usha Kumari No-1, Spl, PP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 This appeal is for grant of regular bail in connection with Pipra P.S. Case No. 41 of 2017 registered for the offence under section(s) 366(A), 364, 120(B)/34 of the Indian Penal Code and section(s) 3 (xi) of the SC/ST (POA) Act. Submission of the learned counsel for the appellant is that the statement of the girl recorded under section 164 of the Criminal Procedure Code itself shows that she had gone with the co-accused on her own sweet will and no allegation has been levelled against the appellant and he is in custody since 22nd March 2017.

Heard learned Special Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, this appeal is allowed and the

Patna High Court CR. APP (SJ) No.1422 of 2017 (2) dt.01-07-2017 2/2 impugned order is set aside.

Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Motihari, East Champaran in connection with Pipra P.S. Case No. 41 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T