Samsul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1154 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- SC/ST District- Katihar ====================================================== Samsul Haque, Son of Md. Islam Resident of Village - Bandh Tola Bishanpur, P.S.- Korha, Distt.- Katihar.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bimal Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-04-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 25.02.2019 passed by the learned 1st Addl. Sessions Judge-cum-Special Judge, Katihar in ABP No. 21 of 2019 arising out of SC/ST P.S.Case No. 05 of 2019 registered under Sections 323, 406, 420, 504 and 506 of the Indian penal Code and Sections 3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation as per FIR is that one Dinesh @ Babloo @ Upendra Singh and appellant have cheated the informant on the plea of selling a plot of land which is of the mother of Upendra Singh and taken Rs. 8,15,000/-. Thereafter he did not execute the sale deed and when he inquired the same, he was assaulted and abused by the appellant and other accused persons.

Patna High Court CR. APP (SJ) No.1154 of 2019 dt.01-04-2019 2/2 Submission of learned counsel for the appellants is that for the same occurrence, Annexure-2, which is a complaint petition, has also been filed by the informant in which appellant has been made as a witness and further whatever allegation is there i.e., against one Upendra Singh @ Dinesh @ Babloo who has taken money.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, Katihar in ABP No. 21 of 2019 arising out of SC/ST P.S.Case No. 05 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

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