Appealed against refusal of bail. Court found allegations false and nominated accused without judicial inquiry. Granted bail directing setting aside the impugned order.
Accused released on bail bond of Rs. 10,000/- with two sureties of like amount each. Impugned order set aside.
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.4011 of 2019
Arising Out of PS. Case No.-213 Year-2018 Thana- PAKRIDAYAL District- East Champaran
======================================================
BHUSHAN SAHANI @ NHUSHAN SAHANI @ BHUSHAN KUMAR Son of Sri Chulahi Sahani Resident of Village - Sirha Tola, Katas, P.S.- Pakri Dayal, Dist.- East Champaran.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Anil Kumar For the Respondent/s : Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
3 18-11-2019
Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 17.08.2019 passed by learned 1st Additional Sessions Judge cum Special Judge (SC/ST/POA Act), East Champaran at Motihari in connection with Pakri Dayal P.S. Case No. 213/2018 registered under Sections 341, 323, 354, 324, 307, 506, 504/34 of the Indian Penal Code and Section 3(i)(a)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.4011 of 2019(3) dt.18-11-2019 2/3
While the informant was regressing to her house from the house of Usha Devi, on the way, five named accused persons including the appellant assaulted the informant and Bhushan Sahani and Chulhai Sahani also thrusted lathi in her genital organ and tore her blouse in order to outrage her modesty over row of taking money on interest from Bhushan Sahani by the informant.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. As a matter of fact, husband of the informant has taken Rs.70,000/-from appellant Bhushan Sahani on the occasion of marriage of his daughter but did not return the same and on demand lodged this case through his wife with altogether false and concocted allegation to devour the money. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Informant has not sustained any injury in the occurrence. Four witnesses in the case diary have unanimously stated that there was no assault and only there was squabbling between the parties over the money. Appellant has no criminal antecedent and has been languishing in custody since 31.07.2019. Similarly, situated co-accused namely Chulahi Sahani @ Baliram Sahani
Patna High Court CR. APP (SJ) No.4011 of 2019(3) dt.18-11-2019 3/3
has been enlarged on bail on 06.03.2019 by learned lower court.
Learned Spl. PP for the State opposing the prayer for bail submitted that the appellant tried to outrage the modesty of informant and also assaulted hence he does not deserve bail.
In the facts and circumstances of the case, the above named appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge (SC/ST/POA Act), East Champaran at Motihari in connection with Pakri Dayal P.S. Case No. 213/2018.
Accordingly, the impugned order is set aside and this appeal is allowed.
(Prakash Chandra Jaiswal, J)
amit/- U T
2 issues framed by the court
Whether bail should be granted to the appellant under Section 14(A)(2) of the SC/ST Act.
Whether the impugned order refusing bail should be set aside.
1 provisions across 1 enactments
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
