Rustam Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3308 of 2017 Arising Out of PS.Case No. -202 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rustam Gaddi, Son of Tarachand Gaddi, Resident of Village- Bhatwaliya, Police Station- Bairiya, District- West Champaran. .... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2018 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 by the learned Additional District & Sessions Judge 1st-cum-Special Judge, Bettiah, West Champaran, in connection with Chautarwa Police Station Case No.202 of 2016 registered under Sections 406 and 420 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Complaint based allegation against the appellant is that for some disputes arising out of payment of money for obtaining passport, the appellant allegedly abused and assaulted the complainant, taking his caste name.

Patna High Court CR. APP (SJ) No.3308 of 2017 (4) dt.29-01-2018 Considering the nature of allegation as well as the fact that the appellant is in custody since 09.10.2017, 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 Chautarwa Police Station Case No.202 of 2016, 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 appeal stands allowed and the impugned order is set aside.

(Birendra Kumar, J) Nitesh/- U T