Ranjan Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3506 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Ranjan Sah, S/o Late Jawahir Sah,

2. Ravi Kumar S/o Ranjan Sah, Both R/o Mohalla- Dakhin Tola Siwan, P.S.- Town P.S. Siwan, District- Siwan.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Naresh Prasad, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2018 This is an appeal under Section 14(A)(2) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge, Siwan, in Siwan Mahila Police Station Case No.30 of 2017 registered under Sections 354D/120B of the Indian Penal Code and Section 3(xi) (x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.

The F.I.R. would reveal that the matter might be of one-sided love between the informant and co-accused Sonu. Allegation is against the Sonu to have abused on mobile call to the informant by taking her caste name.

Submission is that no part of occurrence took place in

Patna High Court CR. APP (SJ) No.3506 of 2017 (2) dt.08-01-2018 P2/ public view and the appellants are family members of Sonu. Hence, they have falsely been implicated in this case. Considering the aforesaid facts, let the appellants, above named, 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 bail on furnishing bail bonds 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 Siwan Mahila P.S. Case No.30 of 2017, 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, the appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T