Patna High CourtCR. APP (SJ)/1995/2018dismissed

Md. Kaishar And ORS v. The State Of Bihar

2018-11-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1995 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- TARIYANI CHAPRA PS DistrictSheohar ======================================================

1. Md. Kaishar, Son of Md. Jaffar,

2. Md. Khushnud Son of Md. Kaishar.

3. Abdar Alam @ Md. Abedar, Son of Md. Kaishar, All R/o Village- Tariyani Chapra, P.S. & District- Sheohar. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Ashok Kumar Jha, Advocate For the Respondent/s :

Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 01-11-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 10.05.2018 passed by learned Additional Sessions Judge 1st -cum-Special Judge, Sheohar, in A.B.P. No. 148 of 2018, arising out of Tariyani (Chapra) Police Station Case No.16 of 2018, registered under Sections 341/323/324/448/380/504/506/354A/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.1995 of 2018 dt.01-11-2018 2/2 According to FIR, appellant Md. Khushnud and coaccused Md. Aurangjeb entered into the house of the informant, at about 10:00 PM, and started dragging to a girl, aged about 13 years, with illicit purpose. When the informant woke up, she caught appellant Md. Khushnud. In the meantime, other appellants and co-accused Md. Aurangjeb having a dagger reached there and started assaulting to the informant. The victim girl has also supported the allegation before the police.

Learned counsel for the appellants submits that both sides are neighbours. For trivial dispute between the two neighbours false case has been lodged. There is case and counter case.

Considering the nature of allegation against the appellants, I am not inclined to enlarge the appellants on anticipatory bail. Hence, this appeal against refusal of the prayer of anticipatory bail is dismissed.

Mkr./- (Birendra Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 05.11.2018 Transmission Date 05.11.2018