Benichakochan @ Benichako Chand @ Benny Chackochan @ Benny Chakochand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1927 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== BENICHAKOCHAN @ BENICHAKO CHAND @ BENNY CHACKOCHAN @ BENNY CHAKOCHAND Son of Late M.C. Chakochand Presently Resident of Village - Daniyalpur Tola, Ward No.13, Near Gumti, As Tenant in the house of Balram Kumar, P.S.- Teghra, Dist.- Begusarai, Permanent Resident of Village- Chamakkala, Kochu, Kunnel, Poomla Odarballi, P.S.- Kurumpari, P.O. Asamnoor, Dist.- Ernakulam, Kerala. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sandip Kumar Gautam For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 07-05-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

This is an appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 25.4.2019 passed by learned Spl. Judge, SC/ST (Prevention of Atrocities) Act, Begusarai in Teghra P.S. Case No. 126 of 2019 registered under Sections 376, 511 of the Indian Penal Code and also under Section 8 of POCSO Act and also under Section 3 (r) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.1927 of 2019 dt.07-05-2019 2/3 Petitioner happens to be a founder director of the Cinaoi Mission School Daniyalpur. He is said to have been teasing the informant, who happens to be his maid time and again and lastly peeved up with his conduct the informant left his services. It is submitted by the learned counsel for the appellant that no such occurrence as alleged ever took place. Petitioner happens to be a respectable person of the society being a founder director of the Catholic Mission School. The aforesaid allegation has been levelled against the petitioner by the informant at the instance of his rivalry to malice the image of the petitioner as well as the school. Parties to the case have entered into compromise. Petitioner has been languishing in custody since 6.4.2019. Petitioner has no criminal antecedent.

Learned Spl. P.P. for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities)Act, Begusarai in connection with Teghra P.S. Case No. 126 of 2019.

Patna High Court CR. APP (SJ) No.1927 of 2019 dt.07-05-2019 3/3 Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) T.Kr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 9.5.2019 Transmission Date 9.5.2019