Shamshul Ajam @ Bhappu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.889 of 2018 Arising Out of PS.Case No. -20 Year- 2016 Thana -MAHILA P.S DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Shamshul Ajam @ Bhappu S/o late Dost Mohammad Mian, R/o Mohalla- Ansari Tola, P.S.- Bagaha, Distt.- West Champaran. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Bimlesh Kumar Pandey, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-04-2018 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 by the learned Special Judge-cum-Additional District & Sessions Judge-1st, Bettiah, West Champaran, in connection with Bagaha Mahila Police Station Case No.20 of 2016 registered under Section 498A of the Indian Penal Code and Sections 3(1)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The informant is wife of the appellant. They had entered into an inter caste marriage. Subsequently, discord developed and the wife has already filed a divorce case in the year 2015.
Patna High Court CR. APP (SJ) No.889 of 2018 (2) dt.02-04-2018 Considering the background of allegation, 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 condition that the appellant 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 appellant.
Accordingly, the appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T