Santosh Manjhi @ Sanosh Manjhi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3588 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -DAUDPUR District- SARAN ======================================================

1. Santosh Manjhi @ Sanosh Manjhi, S/o Parmatma Manjhi

2. Kharhar Singh, S/o Santosh Singh Resident of Village- Chamarahiya, P.S. Daudpur, District- Saran at Chapra.

.... .... Appellants

Versus

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

For the Appellant/s : Mr. Vijay Kumar, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Special Judge, S.C./S.T.(POA) Act, Saran at Chapra, in connection with Daudpur Police Station Case No.137 of 2017 registered under Sections 341, 323, 354, 379, 34 of the Indian Penal Code and Section 3(1)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to the statement of the victim under Section 164 Cr.P.C., the appellants entered into her house and on the point of firearm attempted to outrage the modesty. On the alarm of the victim as well as her sister,

Patna High Court CR. APP (SJ) No.3588 of 2017 (4) dt.16-02-2018 they fled away.

Submission is that the appellants are neighbours of the informant. Appellants are in custody since 12.10.2017.

Considering the nature of allegation, let the appellants, above named, after framing of the charge or after three months from today whichever is earlier, 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