Patna High Court
Megh Nath Sahani vs The State Of Bihar on 7 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2723 of 2022
Arising Out of PS. Case No.-210 Year-2022 Thana- VAISHALI District- Vaishali
======================================================
1. Sangita Devi @ Sangeeta Devi W/O Megh Nath Sahni Resident of village-
Afjalpur, P.S.- Vaishali (Belsar O.P), District- Vaishali
2. Girja Devi W/O Jagesar Sahni Resident of village- Afjalpur, P.S.- Vaishali
(Belsar O.P), District- Vaishali
... ... Appellant/s
Versus
1. The State of Bihar
2. Bechan Paswan S/O Late Devan Paswan Resident of village- Afjalpur, P.S.-
vaishali (Belsar O.P.), District- Vaishali
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 3018 of 2022
Arising Out of PS. Case No.-210 Year-2022 Thana- VAISHALI District- Vaishali
======================================================
Megh Nath Sahani Son of Jagesar Sahani R/O Village- Afjalpur, P.S.- Vaishali
(belsar O.P.) In The District Of Vaishali
... ... Appellant/s
Versus
1. The State of Bihar
2. Bechan Paswan Son of Late Devan Paswan R/O Village- Afjalpur, P.S.-
Vaishali (BELSAR O.P.) District - Vaishali
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 2723 of 2022)
For the Appellant/s : Mr. Ranjeet Kumar, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
(In CRIMINAL APPEAL (SJ) No. 3018 of 2022)
For the Appellant/s : Mr. Ranjeet Kumar, Adv.
For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 07-12-2022
Let the defect(s), if any, be removed within two weeks
from today.
Patna High Court CR. APP (SJ) No.2723 of 2022 dt.07-12-2022
Heard learned counsel for the appellants and learned
Spl.P.Ps. for the State as well as learned counsel for the
respondent.
The present appeal has been preferred 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 19.07.2022 for the alleged offence
under Sections 147, 148, 149, 341, 323, 302, 385, 354, 504 and
506 of the I.P.C. read with Sections 3(i)(r), 3(i)(s), 3(i)(w) and
3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
As per the prosecution case, the informant has disclosed
that marriage of her daughter was solemnized with one Rakesh
Kumar by enticing her in Court. By this marriage, the family of
Rakesh Kumar was not happy and all members used to abuse
informant's daughter by taking her caste name. It has been
alleged that one month back, they all assaulted informant's
daughter. Upon injury the treatment was made by the informant.
It has been alleged on 10.06.2022, they all killed the daughter of
the informant.
Learned counsel for the appellants submits that both
informant's and appellants' family are belong to same village
Patna High Court CR. APP (SJ) No.2723 of 2022 dt.07-12-2022
and the alleged marriage was inter-caste marriage of which no
one was happy. Learned counsel submits that allegation of
killing of one person by strangulating neck of informant'
daughter by 14 named family members, it itself constitutes that
F.I.R. is false. Learned counsel also submits that antecedent of
appellants are clean and they are the mother-in-law and grand
mother-in-law of the deceased. Learned counsel further submits
that appellants No. 1 and 2 are in custody since 11.06.2022 and
25.06.2022 respectively.
Learned Spl.P.Ps. for the State opposes the prayer for
bail.
Learned counsel for the respondent submits that there
is direct allegation of killing the informant's daughter in the case
diary and post-mortem report also indicates that death has been
caused due to strangulation. From the contents of the F.I.R., it
transpires that 14 persons have killed the daughter of the
informant.
It appears to me improbable situation.
In the present facts and circumstances of the case and
the submissions made above, let the appellants above named, be
granted bail on furnishing bail bonds of Rs.30,000/- (Rupees
Thirty Thousand) each with two sureties of the like amount each
Patna High Court CR. APP (SJ) No.2723 of 2022 dt.07-12-2022
to the satisfaction of learned Special judge, SC/ST Act, Vaishali
at Hajipur in connection with Vaishali (Belsar) P.S. Case No.
210 of 2022, subject to the conditions as laid down under
Section 437(3) of Cr.P.C. with the following conditions:-
A. The appellants shall support in trial and shall appear
physically before the lower court on each and every date fixed,
in case of non-appearance for two consecutive dates without
sufficient cause, shall be resulted into cancellation of their bail
bonds.
B. One of the bailors shall be close relative who shall
file affidavit before the court about his relationship with the
appellants.
C. The appellants shall file an affidavit at the time of
furnishing of bail bonds that they shall not involve in such
criminal activity during the continuance of present bail bonds,
violation of this condition shall be resulted into cancellation of
their present bail bonds.
Accordingly, the impugned order dated 19.07.2022
passed by learned Special judge, SC/ST Act, Vaishali at Hajipur
in connection with Vaishali (Belsar) P.S. Case No. 210 of 2022
lodged under Sections 147, 148, 149, 341, 323, 302, 385, 354,
504 and 506 of the I.P.C. read with Sections 3(i)(r), 3(i)(s), 3(i)
Patna High Court CR. APP (SJ) No.2723 of 2022 dt.07-12-2022
(w), 3(2) and 3(2)(va) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 is set aside.
With this observation, the appeal stands allowed.
(Dr. Anshuman, J)
prakashmani/-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
