Ram Ekbal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3479 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ram Ekbal Sahani, s/o Late Inar Sahani, Residents of VillageKhairwa, P.S.- Madhuban, District- East Champaran, Motihari. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sharda Nand Mishra, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-02-2018 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 by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran at Motihari, in Madhuban Police Station Case No.20 of 2017 registered under Sections 341/323/427/504/506/34 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The perusal of the F.I.R. would reveal that there was land dispute between the parties and the appellant had abused by taking caste name of the informant. The F.I.R. does not reveal that
Patna High Court CR. APP (SJ) No.3479 of 2017 (4) dt.01-02-2018 P2/ the occurrence took place in public view. Hence, bar under Section 18 of the Act is not attracted.
Considering the aforesaid facts, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, the appeal stands allowed.
(Birendra Kumar, J) Mkr./- U T