Sujay Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1461 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -SC/ST District- KHAGARIA ======================================================

1. Sujay Pandit, Son of Sagar Pandit ,

2. Dayanand Pandit,

3. Gorelal Pandit, Both Sons of Bhumi Pandit, All Resident of VillageTribhuvan Toal, P.S.- Muffasil (Khagaria District), District- Khagaria. .... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : M/s Mahendra Thakur and Bhim Kumar, Advs. For the Respondent/s : Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 This appeal is for grant of regular bail in connection with Khagaria SC/ST P.S. Case No. 11 of 2016 registered for the offences under section(s) 354, 354(A) of the Indian Penal Code and section(s) 3 (1) (R) (S) (W) (i) (ii) of the SC/ST Act. Submission of the learned counsel for the appellant is that the appellants have falsely been implicated in this case as there was a dispute between the parties, which will appear from the FIR itself, but it is alleged that they have abused the informant by taking her caste name and also dragged her. The appellants are in custody since 25.04.2017.

Heard learned Public Prosecutor also.

Having heard both sides and in view of the facts and

Patna High Court CR. APP (SJ) No.1461 of 2017 (2) dt.01-07-2017 2/2 circumstances, as stated above, this appeal is allowed and the impugned order is set aside.

Let the appellants, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri Ashok Kumar, 1st Additional Sessions Judge- cum-Special Judge (SC/ST Act) Khagaria in connection with Khagaria SC/ST P.S. Case No. 11 of 2016, subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellants will not induce any witness or tamper with the evidence.

(iii) The appellants shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of their bail.

Mahesh/- (Vinod Kumar Sinha, J) U T