Deep Narayan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2489 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana -PATAHI District- EASTCHAMPARAN (MOTIHARI) ===========================================================
1. Deep Narayan Sahani, Son of Jiya Lal Sahani, resident of Village Bada Bariyarpur, Malah Toli, Ward No. 12, P.S.- Chhataini, District- East Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Vijay Shankar Shrivastava, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-08-2018 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 bail vide order dated 26.06.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, East Champaran, Motihari, in connection with Patahi Police Station Case No.42 of 2018, registered under Sections 323/406/420/504/506 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The appellant has received consideration money of Rs.12,00,000/- (Twelve lacs) from the complainant for transfer of
Patna High Court CR. APP (SJ) No.2489 of 2018 dt.06-08-2018 P2/ land.
Submission is that the appellant is ready to refund back the consideration money as well as to execute the sale-deed as per desire of the complainant.
Considering the aforesaid undertaking, let the appellant, above named, be released on provisional bail on furnishing bail bond 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, with condition that if the complainant would express desire before the learned Court-below for getting sale deed executed from the appellant the appellant shall execute the sale deed within two months after receiving the remaining consideration money or shall refund the aforesaid consideration money of rupees twelve lacs within six months through account transfer/bank draft. With the aforesaid observation, this appeal stands disposed of.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date08.08.2018 Transmission Date 08.08.2018