Kishun Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3532 of 2018 Arising Out of PS. Case No.-197 Year-2018 Thana- PIPRA District- East Champaran ====================================================== Kishun Sahani Son of Late Tufani Sahani resident of Village- Balwa P.O. Damodarpur, P.S. Pipra, District East Champaran at Motihari. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sharda Nand Mishra, Adv For the Respondent/s :
Mr. Binay Krishna,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-12-2018 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 order dated 28.08.2018 in A.B.P. No.2221 of 2018 passed by the learned 1st Addl. Sessions Judge-cum-Special Judge, SC/ST, East Champaran, Motihari in connection with Pipra P.S.Case No. 197 of 2018 registered under Sections 341,323,379,353,427 of the Indian Penal Code as well as under Sections 3(1-S) of the Scheduled Castes and Scheduled Tribes Act. The appellant is husband of the local Mukhiya. Allegation is of commission of threat and assault to the accused. Appellant has got criminal antecedent.
Patna High Court CR. APP (SJ) No.3532 of 2018 dt.17-12-2018 2/2 Learned counsel for the appellant submits that due to village politics, false allegation has been levelled. The case diary would reveal that other eye witnesses have also supported the allegation. Considering the prima facie disclosure of offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, I am not inclined to enlarge the appellant on anticipatory bail. Hence, prayer is refused.
In the event of surrender of the appellant, the same would be disposed of by the learned court below without being prejudiced by this order.
Accordingly, this appeal stands dismissed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.12.2018 Transmission Date 18.12.2018