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Patna High CourtCR. APP (SJ)/5156/2019allowed

Prabhu Sahni v. The State Of Bihar

2019-12-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5156 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== Prabhu Sahni, Son of Gulaten Sahni, Resident of Village- Dakrama, P.S.- Hathauri, District- Muzaffarpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

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

Mr. Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-12-2019 This appeal has been filed for setting aside the order dated 21.10.2019 passed by the learned Special Judge, SC/ST Act, Muzaffarpur and also for grant of bail to the appellant in connection with Hathauri P. S. Case No. 144 of 2019 for the offences under Sections 341, 323, 354, 504, 506, 34 of IPC and Section 3(1)(r) SC/ST (Prevention of Atrocities) Act. As per F.I.R. prosecution case is that the appellant has tried to outrage the modesty of the informant and when protested the same, he abused the informant and other by taking caste name and also assaulted by Sandil.

Submission of learned counsel for the appellant is that as there was some scuffle with respect to plucking of wooden from the field of the appellant. He has falsely been implicated in this case. He is in custody for two and half months. He is ready to abide by any condition imposed on him.

Patna High Court CR. APP (SJ) No.5156 of 2019(3) dt.17-12-2019 2/2 Heard learned Special P. P. also.

Having heard both sides, considering the submissions made above, this appeal is allowed. The impugned order dated 21.201.2019 is set aside. The appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court with condition that he will not threaten the informant or his family members and also not try to tamper with the evidence.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T