Vijay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4931 of 2019 Arising Out of PS. Case No.-476 Year-2019 Thana- MAHUA District- Vaishali ====================================================== VIJAY SAHNI Son of Surendra Sahni Resident of Village - Chhatwara Raybhan, P.S. - Mahua, District - Vaishali ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Anuj Kumar, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-02-2020 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 17.10.2019 passed by the learned Additional Sessions Judge I-cum-Special Judge (S.C./S.T. Act), Hajipur at Vaishali, in connection with Mahua Police Station Case No.476 of 2019 registered under Sections 452/354/354B of the Indian Penal Code, Sections 4/8 of the POCSO Act and Section 3(i)(r) (i)s of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is that he dragged hand of the minor daughter of the informant for some illicit purpose. The victim has supported the statement of dragging of

Patna High Court CR. APP (SJ) No.4931 of 2019(4) dt.03-02-2020 2/2 her hand. However, when she made alarm the appellant fled away. The appellant is in custody since 22.08.2019. Considering the nature of allegation and completion of investigation, let the appellant, above named, be released on 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 following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellant shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

(c) The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- U T