Savaj @ Shahbaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3840 of 2019 Arising Out of PS. Case No.-545 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== SAVAJ @ SHAHBAJ Son of Saukat Ali @ Shaimad Shoukat @ Md. Chunu @ Gulab, Resident of Village - Barmatpur, P.S. - Kanti, District - Muzaffarpur ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ravi Ranjan, Advocate For the Respondent/s :
Mr. Sadanand Paswan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 03-02-2020 Learned counsel for the appellant submits that today he has served a copy of the supplementary affidavit to the learned counsel for the State and the defect pointed out by the office has already been removed.
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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 05.08.2019 in Kanti P.S. Case No. 545 of 2019 passed by the learned Special Judge S.C./S.T. Act, Muzaffarpur in connection with the aforesaid case registered under Sections 341, 323, 354(B)/34 of the Indian Penal Code as well as Sections 3(1)(r) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.3840 of 2019 dt.03-02-2020 2/2 Appellant is in custody since 27.07.2019. Investigation of the case is already complete. According to FIR, the appellant and two others allegedly assaulted to the informant and attempted to sexually assault her.
Considering the nature of allegation, period already undergone by the appellant and completion of investigation against the appellant, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the following conditions:- (a) 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. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The appellant shall not leave the country without permission of the learned trial court.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 05.02.2020 Transmission Date 05.02.2020