Sheikh Fariyad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1415 of 2018 Arising Out of PS.Case No. -60 Year- 2017 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ===========================================================
1. Sheikh Fariyad, Son of Sheikh Rahim,
2. Sakina Khatoon Wife of Sheikh Fariyad,
3. Shahanwaz Khatoon @ Shahanaz Khatoon, daughter of Sheikh Fariyad, All are resident of Village- Parsa, Police Station- Purushottampur, District- West Champaran. .... .... Appellant/s
Versus
1. The State of Bihar. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Brij Kishor Mishra, Adv For the Respondent/s : Mr. Binay Krishna,SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 15-05-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned Additional District and Sessions Judge-1st -cumSpecial Judge, Bettiah, West Champaran in connection with Purushottampur P.S.Case No. 60 of 2017 registered under Sections 341,323,379,354,504,506 of the Indian Penal Code as well as under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.
According to FIR, appellant-Sheikh Fariyad is alleged to have dragged the complainant with some illicit motive. For the aforesaid occurrence, Sheikh Fariyad subsequently alongwith other family members including other appellants, who are female, came and committed abuse and assault.
Patna High Court CR. APP (SJ) No.1415 of 2018 dt.15-05-2018 Considering the nature of allegation against appellant-Sheikh Fariyad, I am not inclined to enlarge him on anticipatory bail. Hence, prayer is refused. He is directed to surrender within two weeks and pray for regular bail. Other appellants, namely, Sakina Khatoon and Shahanwaz Khatoon @ Shahanaz Khatoon, who are female and daughters of appellant-Sheikh Fariyad, having general and omnibus nature of allegation, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.
20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.
Accordingly, this appeal stands partly allowed and partly dismissed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date16.05.2018 Transmission Date 16.05.2018