Barik Khan @ Md. Barik Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1544 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Barik Khan @ Md. Barik Khan S/o Anwar Alam Khan @ Anwar Khan R/o vill. Turki Purani Gharari, P.S. Minapur, Dist. Muzaffarpu. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Gajendra Kumar Singh For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2018 Heard learned counsel for the appellant and learned special P.P. for the State.
This is an appeal under Section 14 A(2) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 against refusal of the prayer for bail in connection with Minapur P.S. Case No. 62 of 2018 registered under Sections 323, 337, 341, 354 and 504/34 of the Indian Penal Code and Section 3(1) (X) of the SC/ST (Prevention of Atrocities) Act.
Learned counsel for the appellant has submitted that there is counter case also vide Minapur P.S. case no. 61 of 2018 instituted by Noore Nazar Khan against the informant and others.
In the instant case there is allegation against accused
Patna High Court CR. APP (SJ) No.1544 of 2018(3) dt.23-05-2018 2/2 Noore Nazar Khan of catching hand of the informant and attempting to lift her. There is general and omnibus allegation against this appellant that he assaulted with bricks, stones etc. The appellant is in custody since 15.4.18 Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 10th Additional Sessions Judge cum special judge SC/ST Act, Muzaffarpur, in connection with Minapur P.S. case no. 62 of 2018, subject to the condition that both the bailors should be the close relative of the appellant.
Accordingly the impugned order is set aside and the appeal stands allowed (Sanjay Priya, J) shyambihari/- U T