Md. Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1347 of 2017 Arising Out of PS.Case No. -18 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ======================================================
1. Md. Ahmad Son of Md. Murshid Resident of Village- Khiri Bandh, P.S. Jagdishpur, District- Bhagalpur.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Manoj Kumar Jha For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-01-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned 2nd Additional District & Sessions Judge, Bhagalpur in Jagdishpur P.S. Case No. 18 of 2016 registered under Sections 302/34 of the Indian Penal Code as well as Sections 3(2)(v) of the SC/ST Act. Suspicion is there against the appellant that he committed murder of the husband of the deceased. Reason for suspicion is that the husband of the deceased was an auto driver and he had taken some money from the appellant. Learned counsel for the appellant submits that there is no material to substantiate the aforesaid suspicion.
Patna High Court CR. APP (SJ) No.1347 of 2017 (6) dt.03-01-2018 2/2 Considering the aforesaid fact, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, this appeal stands allowed.
(Birendra Kumar, J) Kundan/- U T