Amir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1473 of 2019 Arising Out of PS. Case No.-467 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Amir Khan Son of Sohrab Khan 2.

Ziaul Khan, Son of Teni Khan Both Resident of Village-Chanaur Takia, Police Station-Siwan Muffasil, District-Siwan.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Javed Aslam For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 12-04-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 07.03.2019 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, Siwan in ABP No. 17 of 2019 arising out of Siwan Muffasil (Dhanauti OP) P.S.Case No. 467 of 2018 registered under Sections 366A and 504/34 of the Indian penal Code and Sections 3(i)(r)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation as per FIR is of inducing minor daughter of the informant and it is alleged that appellants have hands in that. Submission of learned counsel for the appellants is that

Patna High Court CR. APP (SJ) No.1473 of 2019 dt.12-04-2019 2/2 they were made accused only because of the fact that they are friends of main accused Raj Gabbar Sai and moreover, in her statement recorded under Section 164 Cr.P.C., girl has not named these appellants.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, Siwan in ABP No. 17 of 2019 arising out of Siwan Muffasil (Dhanauti OP) P.S.Case No. 467 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date