Najbullah Mian @ Md. Nazibullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.298 of 2021 Arising Out of PS. Case No.-551 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== NAJBULLAH MIAN @ MD. NAZIBULLAH Son of Kalam Mian @ Md. Kalam Resident of Village - Basra, Ward No. 03, P.S. - Majhaulia, District - West Champaran.
... ... Appellant/s
Versus
THE STATE OF BIHAR Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Umesh Chandra Verma For the Respondent/s :
Ms. Usha Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-06-2021 Heard Mr. Umesh Chandra Verma, learned counsel for the appellant and Ms. Usha Kumari, learned Special Public Prosecutor for the State.
This appeal is directed against the order dated 15.10.2020, passed by the learned 1st Additional Sessions Judge - cum - Special Judge under SC & ST Act, West Champaran, Bettiah, in A.B.P. No. 1789 of 2020, arising out of Majhaulia P. S. Case No. 551 of 2020, dated 05.08.2020, whereby the prayer made on behalf of the appellant for grant of anticipatory bail for the offences punishable under Sections 341, 323, 447,
2/4 504, 506 and 34 of the Indian Penal Code and Section 3
(1) (r) of he Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been rejected. The accusation against the appellant and other is of abusing the informant and her family members as also assaulting them.
The learned counsel for the appellant, has submitted that the present case (subject F.I.R.) is in retaliation of the case lodged by the mother of the appellant vide Majhaulia P. S. Case No. 552 of 2020. It has been submitted that the appellant is a student of B.Sc. and is a neighbour of the informant. There has been a dispute with the informant because of drainage of water.
It has further been submitted that the charges under Section Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is a deliberate addition in the F.I.R. to make the case look serious. It has, therefore, been urged that no offence
3/4 under anyone of the provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can at all be said to have been made out against the appellant.
For the reasons aforesaid, the appeal is allowed.
The order dated 15.10.2020, passed by the learned 1st Additional Sessions Judge - cum - Special Judge under SC & ST Act, West Champaran, Bettiah, is set aside.
The appellant, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge - cum - Special Judge under SC & ST Act, West Champaran, Bettiah, in connection
4/4 with Majhaulia P. S. Case No. 551 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U T