Nazam Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1832 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -ISUAPUR District- SARAN ===========================================================
1. Nazam Miya S/o Badri Miya Resident of Village Nipaniya, P.S. Isuapur, District - Saran.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Prem Prakash Poddar, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 19-07-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 04.05.2018 passed by the learned 1st Additional Sessions Judge, Saran at Chapra, in A.B.P. No.1108 of 2018, arising out of Isuapur Police Station Case No.10 of 2018, registered under Sections 341/323/504/506 of the Indian Penal Code and Section 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
According to FIR, the appellant abused and assaulted just to pressurize the informant in the earlier case. The witnesses have not
Patna High Court CR. APP (SJ) No.1832 of 2018 dt.19-07-2018 P2/ supported the allegation before the police as disclosed in the FIR. Considering the aforesaid facts, 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 bail on furnishing bail bonds 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, 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, the impugned order is set aside and appeal stands allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date21.07.2018 Transmission Date 21.07.2018