Md. Miraj Alam v. The State Of Bihar Through The Special P.P. S.C And S.T. Prevention Of Atrocities Act

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2650 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -KASHICHAK District- NAWADA ====================================================== Md. Miraj Alam sonof Md. Rafique Ansari @ Md. Abdul Rafique Ansari, resident of village Datraul, P.S. Pakribarawan, District- Nawada .... .... Appellant/s

Versus

The State of Bihar Through The Special P.p. S.c & S.t. (prevention of Atrocities) Act .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arun Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 Heard the parties.

The appellant seeks regular bail in connection with Kashichak P.S.Case No.23 of 2017 registered for offences punishable under Section 341, 323, 376/511 and 506/34 of the Indian Penal Code and Section 1(w)(i) of SC/ST (Prevention of Atrocities Act) Act.

Allegation against the appellant is of misbehaving and trying to outrage modesty of the daughter of the informant and it further appears that she has supported the version in her statement recorded under Section 164 Cr.P.C.

Submission of the learned counsel for the appellant is that as the appellant had been made Incharge Headmaster, which was not liked by the father of the informant, who happens to be father of the victim girl, as such the appellant has been falsely

Patna High Court CR. APP (SJ) No.2650 of 2017 (2) dt.12-09-2017 2/2 implicated in this case and he is in custody for about five months. Heard learned Special P.P. also, who has opposed the prayer for bail.

In view of the facts and circumstances, at this stage, I am not inclined to grant bail to the appellant, however, once the charge is framed in this case, the learned trial court shall release the appellant on bail in POCSO Case No.12 of 2017 arising out of Kashichak Case No.23 of 2017 to his own satisfaction. With the above direction, this application is disposed of (Vinod Kumar Sinha, J) chn/- U T