Patna High CourtCR. APP (SJ)/1846/2018allowed

Saddam Hussain v. The State Of Bihar

2018-07-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1846 of 2018 Arising Out of PS.Case No. -21 Year- 2017 Thana -MAHILA P.S. District- SIWAN ===========================================================

1. Saddam Hussain, S/o Late Meraj Ahmad, R/o Village- Kudriapur, P.S.- Barharia, District- Siwan.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr.Nawal Kishore Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 30-07-2018 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 16.04.2018 passed by the learned 1st Additional Sessions Judge, Siwan, in Trial No.83 of 2018, arising out of Mahila P.S. Case No.21 of 2017 registered under Sections 341/448/323/354B/504/506 of the Indian Penal Code, Section 6/8 of the POCSO Act and Section 3(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Perused the allegation in the FIR as well as the statement of the victim recorded during the course of trial at

Patna High Court CR. APP (SJ) No.1846 of 2018 dt.30-07-2018 P2/ Annexure-2.

Considering the aforesaid material, 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 Date01.08.2018 Transmission Date 01.08.2018