Sikander Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2802 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -BARIYARPUR District- MUNGER ====================================================== Sikander Rajak aged about 38 Years, Son of Angad Rajak, R/o VillageGhorghat, P.S.- Bariyarpur, District- Munger. .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Ajay Kumar Jha For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the appellant.
This appeal has been filed for grant of bail in connection with Bariyarpur P.S. Case No. 34 of 2017 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 448, 504, 506, 302 of the Indian Penal Code and Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 21.8.2017 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Munger.
Allegation against the appellant and other co-accused persons is of assaulting the wife of informant by various arms, due to which she died.
Submission of learned counsel for the appellant is that no
Patna High Court CR. APP (SJ) No.2802 of 2017 (2) dt.12-10-2017 2/3 specific allegation is assault is attributed against the appellant and he is in custody for more than six months. Further submission is that co-accused Bombom Rajan has been granted bail by this Court in Cr.Appeal(SJ) No.2711 of 2017, vide order dated 18.9.2017.
Heard learned Special P.P., who could not controvert the above submission.
Having heard both sides and in view of the facts and circumstances, as stated above, the appeal is allowed and the impugned order is set aside.
Let the appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Munger, in connection with Banka (Barahat) P.S. Case No. 237 of 2017, G.R.No. 695 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Appellant shall co-operate in trial and appear on each and every date in court and on failure to appear on two consecutive
Patna High Court CR. APP (SJ) No.2802 of 2017 (2) dt.12-10-2017 3/3 dates without any genuine ground or without permission of court, his bail bond shall be liable to be cancelled.
(Vinod Kumar Sinha, J) spal/- U