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Patna High CourtCR. APP (SJ)/2072/2017allowed

Uma Sahani v. The State Of Bihar

2017-08-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2072 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -MANIGACHI District- DARBHANGA ====================================================== Uma Sahani, S/o Late Ram Prasad Sahani, resident of Village- Narayanpur, P.S.- Manigachhi, District- Darbhanga.

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Parasmani For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard learned counsel for the appellant.

The appeal has been filed for grant of bail in connection with Manigachi P.S.Case No. 74 of 2017 registered for the offence under Sections 341, 323, 385, 504, 506 of the Indian Penal Code and 3(1)(r), 3(1)(s) of SC/ST Act and for setting aside the impugned order dated 2.6.2017 passed by Additional Sessions Judge-1-cum-Special Judge, Darbhanga.

Allegation as per FIR against the appellant is of demanding Rs.2000/- and abusing the informant by taking his caste name.

Submission of learned counsel for the appellant is that he has falsely been implicated in this case as no such occurrence has taken place and he is in custody for about three months.

Patna High Court CR. APP (SJ) No.2072 of 2017 (3) dt.10-08-2017 2/2 Heard learned Special PP also, who has opposed the prayer for bail stating that appellant has criminal antecedents. Having heard both sides and in view of the facts and circumstances and also considering the fact that the other cases against the appellant relate to minor offences, the appeal is allowed and the impugned order is set aside.

Let appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Darbhanga, in connection with Manigachi P.S.Case No. 74 of 2017, subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned and he will co-operate in the trial and will appear on each and every date fixed in the case, failing which his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U