Appeal against rejection of anticipatory bail. Court declared the prosecution case as maliciously lodged to save the father of appellants from murder charges in a prior case. Bail approved with conditions.
Anticipatory bail granted for period of 30 days on execution of bail bond of Rs.20,000 each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3431 of 2018 Arising Out of PS.Case No. -56 Year- 2016 Thana -PIPRA District- EASTCHAMPARAN (MOTIHARI)
=========================================================== 1. Sriniwas Sahani, 2. Mithlesh Sahani, Both are Sons of Late Hari Sahani, R/o Vill.- Khairimal, Malahi Tola, P.S.- Pipra, District- East Champaran. .... .... Appellant/s Versus 1. The State of Bihar ... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Pramod Kumar Pandey, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date: 12-09-2018
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 23.07.2018 in A.B.P. No.1987 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST, East Champaran in connection with Pipra P.S.Case No. 56 of 2016 registered under Sections 447, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.
Submission is that murder of Hari Sahani, the father of the appellants was committed by the prosecution side and for that occurrence, Pipra P.S.Case No.55 of 2016 was lodged against the husband of the informant and others. Thereafter, just to save the skin, the present false case has been lodged
Patna High Court CR. APP (SJ) No.3431 of 2018 dt.12-09-2018
2/2
with general and omnibus allegation of commission of abuse, assault and theft.
Considering the background of allegation, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J)
Nitesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 13.09.2018 |
| Transmission Date |
13.09.2018 |
2 issues framed by the court
Whether the HC ought to set aside the order rejecting the anticipatory bail application and grant bail to the appellants.
Whether facts suggest fabrication of the charges to save the father of the appellants from murder charges in another case.
2 provisions across 2 enactments
Sriniwas Sahani and Mithlesh Sahani
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
