Amit Sahni @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1411 of 2020 Arising Out of PS. Case No.-449 Year-2018 Thana- ROSERA District- Samastipur ====================================================== AMIT SAHNI @ AMIT KUMAR Son of Dilip Sahni Resident of VillageRahua, P.S.- Rosera, Distt- Samastipur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Binod Kumar Sinha For the Respondent/s :

Mr. Vinay Krishna, Spl.P.P.

For the Informant :

Mr. Ashok Kumar Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-12-2020 Heard learned counsel for the parties through Virtual Court Proceeding.

This is an appeal under under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for regular bail vide order dated 03.03.2020 passed by the learned Additional Sessions Judge, 1st -cum- Special Judge, S.C./S.T. Act, Samastipur, in connection with Rosera P.S. Case No.449 of 2018, registered under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

As per the F.I.R., the victim lady has two marriage.

Patna High Court CR. APP (SJ) No.1411 of 2020(6) dt.14-12-2020 2/3 From first marriage, she has one son and one daughter. As the relationship has been caught in rough weather, the victim left the first husband and entered into second marriage. It has been alleged that six days before, the victim lady returned to the house of her father. Thereafter, Bablu Sahni started putting pressure upon her to enter into marriage with him but, she was not aggreable for the same. It has further been alleged that on the fateful day, Bablu Sahni entered into the thatched house of the victim lady and dragged her out and on the next date, the dead body of the victim lady was found. The incident was informed by one Tetri Devi, when she heard the cry of the victim lady but after some time, the cry was settled down. The offence has been committed in the year 2018 and the name of the appellant has transpired during investigation. It has been stated by learned counsel for the informant that accused Bablu Sahni has been put to trial and all the witnesses have been examined and the case is fixed for judgment.

As the name of the appellant has transpired from the statement of 9 year's old son of the victim lady, which has been supported by other witnesses, this Court is not inclined to grant bail to the appellant. Accordingly, the prayer for bail is

Patna High Court CR. APP (SJ) No.1411 of 2020(6) dt.14-12-2020 3/3 rejected. However, the Trial Court is directed to expedite the trial and conclude the same within one year of resumption of physical Court proceeding.

Accordingly, this appeal stands dismissed.

(Shivaji Pandey, J) pawan/- U T