Sikandar Mian @ Sikandar Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2819 of 2017 Arising Out of PS.Case No. -70 Year- 2016 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sikandar Mian, Son of Idrish Mian,

2. Habib Mian, Son of Idrish Mian,

3. Shahzad Mian, Son of Ahmad Mian, All residents of Village- Barwa Parsauni, P.S.- Inarwa, District- West Champaran. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Umesh Chandra Verma For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 Heard the parties.

The appellants seek pre arrest bail in Inarwa P.S. Case No.70 of 2016 registered for the offence under Sections 341, 323, 379, 504/34 of the I.P.C. Section 3 (1) (x) of SC/ST (POA) Act.

Allegation against the appellants is that they have assaulted the father and the husband of the informant and also snatched the nose pin of the informant.

Submission of the learned counsel for the appellants is that no case is made out either under Section 341 of I.P.C. and SC/ST (POA)Act. They have no criminal antecedent. Heard learned A.P.P. also.

Patna High Court CR. APP (SJ) No.2819 of 2017 (3) dt.07-11-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, the appeal is allowed. Let the appellants, above named, in the event of their arrest or surrender before the court below within six weeks from today be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge -cum- Special Judge, West Champaran, Bettiah, in Inarwa P.S. Case No.70 of 2016 subject to the conditions that (1) one of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The appellants will not induce any witness or tamper with the evidence.

(3) The appellants shall co-operate in disposal of trial and make themselves available as and when required by the court. In the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bonds shall be cancelled.