Md. Shamim Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34445 of 2016 Arising Out of PS.Case No. -157 Year- 2015 Thana -DUMRA District- SITAMARHI ====================================================== Md. Shamim Akhtar son of Md. Wakil Ahmad, resident of village- Simra Paraspatti, Police Station-Dumra, District- Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Shankar Das ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-09-2016 Heard Sri Manoj Kumar Sinha, learned counsel for the petitioner , Sri Ram Shankar Das , learned A.P.P. as well as learned counsel, who has voluntarily appeared on behalf of the informant.
The sole petitioner apprehending his arrest in Dumra P.S. Case No. 157 of 2015 registered for the offence under section 147, 148, 149, 341, 323, 504, 506 of the Indian Penal Code , Section 3 (1) (X) of the Scheduled Castes Schedules Tribes (Prevention of Atrocities ) Act , has prayed for grant of bail. It was submitted by learned counsel for the petitioner that of- course in the case provision under section 3 (1) (X) of the Scheduled Castes Scheduled Tribes ( Prevention of Atrocities ) Act has been mentioned but fact remains that
Patna High Court Cr.Misc. No.34445 of 2016 (3) dt.02-09-2016 2/2 there is no application of either of the offences under the Scheduled Castes Scheduled Tribes (Prevention of Atrocities ) Act. He submits that other Sections under the Indian Penal Code are bailable in nature. He has also referred to the order impugned i.e. the order dated 13.4.2016 whereby except petitioner other five accused persons have been extended the privilege of anticipatory bail.
In view of facts and circumstances in the event of arrest or surrender within a period of six weeks from today, let the petitioner Md. Shamim Akhtar be enlarged 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 Chief Judicial Magistrate, Sitamarhi / concerned court in connection with Dumra P.S. Case No. 157 of 2015 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) Praful/- U T