Jahangir Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1672 of 2017 Arising Out of PS.Case No. -54 Year- 2016 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Jahangir Khan Son of Late Ehsan Khan, resident of Village- Pujahan Patjirwa, P.S.- Srinagar, District- West Champaran. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Bimlesh Kumar Pandey For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 The appellants seek pre arrest bail in connection with Srinagar (Pujaha) P.S.Case No.54 of 2016, registered for offences punishable under Sections 341, 323, 324, 354, 354(2), 379, 448, 504 & 506/34 of the Indian Penal Code and section 3(i)(x) of SC/ST (Prevention of Atrocities) Act.
Allegation, as per F.I.R. is that the appellant came to the house of the informant and abused him by taking caste name and assaulted.
Submission of the learned counsel for the appellant is that prior to lodging of this case, the appellant had lodged a case against the informant in connection with commission of rape of his daughter and with a view to save his skin, the present case has been filed by the informant by making false allegation including
Patna High Court CR. APP (SJ) No.1672 of 2017 (2) dt.07-07-2017 2/3 allegation under Section 3 of S.C./S.T. (Prevention of Atrocities) Act.
It is further submitted that no case is made out under Section 3(i)(x) of SC/ST (Prevention of Atrocities) Act as the occurrence, according to the F.I.R. took place at the 'Darwaza' of the informant, which not a public place.
Heard learned Special P.P. also.
Having considered both sides and in view of the facts and circumstances, and also as the occurrence took place not in the public place, let the appellant in the event of arrest or surrender before the court of Special Judge within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-cum-Additional District and Sessions Judge 1st, Bettiah, West Champaran in connection with Srinagar (Pujaha) P.S.Case No.54 of 2016, subject to conditions as laid down under Section 438 (2) of Cr.P.C. after setting aside the order dated 11.4.2017 passed by learned Special Judge-cum-Addl. District and Sessions Judge 1st, Bettiah, West Champaran in A.B.P.No.439 of 2017, subject to further conditions that appellant will co-operate in investigation of
Patna High Court CR. APP (SJ) No.1672 of 2017 (2) dt.07-07-2017 3/3 the case and will appear before the Investigating Officer as and when required, failing which his bail bond shall be liable to be cancelled.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U