Zakir Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2984 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -SC/ST District- GOPALGANJ ====================================================== Zakir Miya, son of Late Kamruddin Miya, resident of village Fulwariya, P.S. Manjhagarh, District Gopalganj .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Javed Aslam For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the appellant.
This appeal has been filed for grant of bail in connection with Gopalganj SC/ST P.S. Case No. 17 of 2016, Trial No. 69 of 2017, registered for the offences punishable under Sections 147, 447, 341, 323, 307, 337, 447, 504 of the Indian Penal Code and Sections 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 31.8.2017 passed by Additional District and Sessions Judge-I-cum-Special Judge, Gopalganj.
Allegation against the appellant and several accused persons is of assaulting the informant and abusing her by taking caste name.
Submission of learned counsel for the appellant is that the injury caused by the appellant is simple in nature and he is in custody since 12.7.2017.
Heard learned Special P.P.
Patna High Court CR. APP (SJ) No.2984 of 2017 (2) dt.17-10-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, the appeal is allowed and the impugned order is set aside.
Let 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 each to the satisfaction of Additional District and Sessions Judge-I-cum-Special Judge, Gopalganj, in connection with Trial No. 69 of 2017, arising out of Gopalganj SC/ST P.S. Case No. 17 of 2016, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Appellant shall co-operate in trial and appear on each and every date and on failure to appear on two consecutive dates without showing any genuine ground or without permission of court, his bail bond shall be cancelled.
(Vinod Kumar Sinha, J) spal/- U