Shakil Ahamad @ Shakil Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3486 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -SC/ST District- SASARAM (ROHTAS) ======================================================

1. Shakil Ahamad @ Shakil Ahamed S/o Nizamuddin Ahamad @ Nizamudin Ahmad, R/o Village- Dubey Pachamawa, P.S.- Kateya, DistrictGopalganj. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Raghunandan Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2017 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 against the refusal of prayer for anticipatory bail by the learned Additional Sessions Judge-I, Rohtas at Sasaram, in SC/ST Police Station Case No.68 of 2016 registered under Sections 420/408/323/504/506/34 of the Indian Penal Code and Sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The allegation is that the appellant had demanded money for managing job for the informant. The money was paid. However, job was not managed and the appellant abused the informant by taking caste name.

Patna High Court CR. APP (SJ) No.3486 of 2017 (2) dt.21-12-2017 P2/ Submission is that the informant was insisting for job of Asa Sevika without production of any certificate of her qualification or age. Subsequently, she produced a forged certificate, for that reason this false case has been lodged. Considering the aforesaid facts, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T