Md. Chand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3293 of 2017 Arising Out of PS.Case No. -271 Year- 2017 Thana -NANHPUR District- SITAMARHI ======================================================
1. Md. Chand S/o Md. Mumtaj Ahmad Resident of Village- Sauria, P.S.Nanpur, District- Sitamarhi.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Bajarangi Lal, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Sitamarhi, in Nanpur Police Station Case No.271 of 2017 registered under Section 354(C)(D) of the Indian Penal Code and Section 3(i) (r)(w) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
Allegation against the appellant is that he took photographs of the informant when she was attending call of nature.
Submission is that appellant is in custody since
Patna High Court CR. APP (SJ) No.3293 of 2017 (2) dt.12-12-2017 P2/ 19.08.2017 and he has got no criminal antecedent. Considering the nature of allegation and the period already undergone, 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 Nanpur Police Station Case No.271 of 2017, 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.
(Birendra Kumar, J) Mkr./- U T