Lalbabu Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2982 of 2018 Arising Out of PS.Case No. -93 Year- 2018 Thana -BISFI (PATAUNA) District- MADHUBANI ===========================================================
1. Lalbabu Sahani S/o Pulkit Sahani
2. Pulkit Sahani Son of Late Laxman Sahani Both residents of Village - Arer Purvi Tola, P.S. Arer, District - Madhubani.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr.Ratanakar Jha, Adv For the Respondent/s : Mr. Binay Krishna, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 02-11-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 10.07.2018 in A.B.P. No.1080 of 2018 passed by the learned 1st Additional Sessions Judge, Madhubani in connection with Bisfi (Patauna O.P.) P.S.Case No. 93 of 2018 corresponding to G.R.No.56 of 2018, registered under Sections 147,148,149,323,341,324,325,354,380,436,504 and 506 of the Indian Penal Code and Sections 3(i)(r) (w), 3(2) (va) of the Scheduled Castes and Scheduled Tribes Act.
The appellants committed abuse and assault against
Patna High Court CR. APP (SJ) No.2982 of 2018 dt.02-11-2018 2/2 informant for the reason that Roshan Sahni, a family member of the appellants had fled away with the daughter of the informant and in that case, Roshan Sahni was sent to jail on institution of a criminal case.
Considering the nature of allegation which prima facie discloses commission of offence under SC/ST Act, I am not inclined to enlarge the appellants on anticipatory bail. In the event of surrender of the appellants, their prayer for regular bail shall be considered without being prejudiced by this order.
Accordingly, this appeal against refusal of the prayer for anticipatory bail is dismissed as devoid of any merit. (Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date05.11.2018 Transmission Date 05.11.2018