Md. Bablu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3460 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- DHARHARA District- Munger ====================================================== Md. Bablu Alam S/o Md. Boku, R/o Kasba Dharhara, P.S.- Dharhara and District- Munger.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bhola Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 03-12-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the refusal of prayer for bail vide order dated 20.08.2018 passed by the learned Additional Sessions Judge-I-cum-Special Judge (S.C./S.T. Act), Munger, in connection with Dharhara Police Station Case No.90 of 2018, registered under Sections 376/511/448 of the Indian Penal Code and Sections 3(i)(r)(s)/3(II)Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is that he entered into the house of the informant with some illicit intention and attempted to ravish to the daughter-in-law, who was alone in the house.

Patna High Court CR. APP (SJ) No.3460 of 2018 dt.03-12-2018 2/2 Submission is that earlier case was lodged by the appellant with allegation that first he was served with liquor and thereafter assaulted by the informant and others. Just to save skin from that case the present false case has been lodged. The appellant is in custody since 11.05.2018.

Learned counsel for the informant opposed the prayer on the ground that the victim has supported the allegation against the appellant.

Considering the fact that investigation of the case is already complete and there is no allegation of tampering with the evidence, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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, with 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, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.12.2018 Transmission Date 04.12.2018