Bilquis Bano Nimmi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3601 of 2017 Arising Out of PS.Case No. -171 Year- 2017 Thana -MANIGACHI District- DARBHANGA ======================================================
1. Bilquis Bano Nimmi W/o Md. Salimuddin, R/o Village- Sakri, P.S.- Sakri, District- Madhubani.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Prabhat Kumar Singh, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-03-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, Darbhanga in connection with Manigachhi P.S.Case No. 171 of 2017 registered under Sections 341,323,504/34 of the Indian Penal Code as well as under Sections 3(i)(r)(s) and 3(2) (v) of the Scheduled Castes and Scheduled Tribes Act.
The appellant is an Assistant Teacher of the school. Allegation is of commission of abuse, taking caste name of the informant.
Submission is that the occurrence did not take
Patna High Court CR. APP (SJ) No.3601 of 2017 (3) dt.12-03-2018 place in public view. The informant was also Assistant Teacher of the same school. For trivial dispute just to pressurize, present false case has been lodged. Finding substance in the submission aforesaid, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (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 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T