Allauddin Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3449 of 2017 Arising Out of PS.Case No. -272 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Allauddin Miya, S/o Late Musa Miya, R/o Village- Pakarihar P.S. Chanpatiya, District-West Champaran .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Vinod Gautam, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2018 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 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), West Champaran at Bettiah, in connection with Chanpatiya Police Station Case No.272 of 2017 registered under Sections 376,511 of the Indian Penal Code and Section 3(i) (w) (iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 4/6 POSCO Act.
The appellant is in custody since 22.07.2017. Allegation is that he attempted to ravish the niece of the informant.
Patna High Court CR. APP (SJ) No.3449 of 2017 (4) dt.29-01-2018 Considering the nature of allegation and period already undergone by the appellant, 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 Chanpatiya Police Station Case No.272 of 2017, 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 and the impugned order is set aside.
(Birendra Kumar, J) Nitesh/- U T