Pankaj Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.1880 of 2016 (2) dt.22-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1880 of 2016 Arising Out of PS.Case No. -72 Year- 2015 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Pankaj Kumar Yadav Son of Nirmal Kumar Yadav @ Nirmal Yadav Resident of village - Sitarampur, Police Station - Roh, District - Nawadah, At present Navi Nagar, Behind Phone Tower, Police Station - Roh, District - Nawadah.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 22.01.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Accusation against the petitioner is that he, having entered into the house of the informant, caught her hand with bad intention. Police after investigation submitted charge sheet under sections 448, 354A of the Indian Penal Code and section 3 (I) (XI) of the SC/ST (Prevention of Atrocities )Act.

The contention on behalf of the petitioner is that sections 448, 354A of the Indian Penal Code are bailable in nature and so far as section 3 (I) (XI) of the SC/ST (Prevention of Atrocities )Act is concerned, the same is not applicable in the present case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.1880 of 2016 (2) dt.22-01-2016 amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Nawada in Mahila Nawada P.S. Case no. 72/2015. shahid (Hemant Kumar Srivastava,J) U T