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Patna High CourtCR. APP (SJ)/974/2017dismissed

Madan Sahani @ Madan Sahni v. The State Of Bihar

2017-05-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.974 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Madan Sahani @ Madan Sahni Son of Kuis Sahani, Resident of VillageMajhar Godhia Tola, Police Station- Pakari Dayal, District- East Champaran.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Dhurendra Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-05-2017 The appellant seeks regular bail in connection with Pakaridayal P.S. Case No. 145 of 2016, registered for offences punishable under Sections 147, 149, 341, 323, 325, 354(A), 436, 504, 506, 120(B) of Indian Penal Code and Section 3(V)(XI)(XV) of SC/ST Act.

Allegation against the appellant and other co-accused persons that they tried to outrage the modesty of the informant and further set the hut of informant on fire.

It has been submitted on behalf of the appellant that appellant has falsely been implicated in this case. There is case and counter case between the parties. Further other co-accused of this case has already been granted bail by this Court vide order

Patna High Court CR. APP (SJ) No.974 of 2017 (3) dt.19-05-2017 2/2 dated 26.04.2017, passed in Criminal Miscellaneous No. 900 of 2017 and appellant has been in judicial custody since 19.12.2016. Learned Special Public Prosecutor opposed the prayer for bail and submitted that the main allegation against this appellant, therefore, he does not deserve the privilege of bail. Having heard both sides, considering the aforementioned facts and circumstances and the nature of allegation, at this stage, I am not inclined to release the appellant on regular bail, this appeal is accordingly dismissed.

However, appellant may renew his prayer for bail in the court below itself after framing of charge in this case. (Vinod Kumar Sinha, J) sunil/- U T