Chandan Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No. 3045 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -KAUAKOL District- NAWADA =========================================================== Chandan Manjhi S/o Kapil Manjhi, R/o Vill.- Bijho, P.S.- Kawakol, DistrictNawada. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 19-06-2018 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 anticipatory bail by the learned 1st Additional Sessions Judge, Nawada in Kawakol P.S. Case No. 33 of 2016 registered under Sections 341, 323, 307, 504, 506, 302/34 of the Indian Penal Code as well as Sections 3(1)(x)(xi), 3(ii)(v) of the SC/ST Act.

Submission of the learned counsel for the appellant is that allegation of commission of sexual harassment is against other named accused persons. Simple allegation against the appellant is of helping in the occurrence of assault to other co-accused. Appellant is also a member of the scheduled caste.

Patna High Court CR. APP (SJ) No.3045 of 2017 dt.19-06-2018 2/2 Learned Special Public Prosecutor has opposed the prayer for bail.

Considering the fact that there is no specific allegation against the appellant, 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 bond of Rs.20,000/- (rupees 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

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 21.06.2018 Transmission Date 21.06.2018