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Md. Ejaj @ Ejaj vs The State Of Bihar on 11 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2190 of 2019
Arising Out of PS. Case No.-521 Year-2015 Thana- BETTIAH CITY District- West
Champaran

MD. EJAJ @ EJAJ, S/o Vakil Miyan Resident of Mohalla- Purani Gudari,
Ward No. 12, P.S.- Bettiah Town (Kalibag O.P.), Dist.- West Champaran.

… … Appellant/s
Versus
The State of Bihar

… … Respondent/s

Appearance :
For the Appellant/s : Mr.Sanjeev Kumar
For the Respondent/s : Mr.Usha Kumari 1

CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER

3 11-07-2019 Heard learned counsel for the appellant and learned

Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/SectionST

Act against the refusal of prayer for anticipatory bail vide order

dated 07.03.2019 passed by learned 1st Addl. Sessions Judge

cum Special Judge, Bettiah, West Champaran in Bettiah Town

(Kalibag O.P.) P.S. Case No. 521 of 2015 registered under

Sections 341, Section323, Section354B and Section504/Section34 of the Indian Penal Code

and Section 3(i)(x) of the SC/SectionST Act.

Appellant and two other accused persons are said to have

slated the informant in the name of her caste on refusal by her to

clean his Toilet and co-accused Meraj pushed her down while

appellant tried to drag her inside his house and tore her blouse.
Patna High Court CR. APP (SJ) No.2190 of 2019(3) dt.11-07-2019
2/3

It is submitted by learned counsel for the appellant

that the appellant has no concern with the aforesaid occurrence.

Appellant has been falsely implicated in the case by the

informant due to ulterior motive. The allegation of slating the

informant levelled against the appellant is not specific rather

general and omnibus in nature. Learned lower court after

perusing the case diary and observing that the allegation of

offence under Section 354 IPC was not favoured by the police

and none of the witnesses has corroborated the allegation of

abuse by caste name at the hand of the accused persons has

enlarged co-accused Anwari Khatoon and Meraj on anticipatory

bail. Appellant has no criminal antecedent.

Learned Spl. PP for the State opposed the prayer for

bail.

Having regard to the facts and circumstances of the

case, let the above named appellant, be released on bail, in the

event of his arrest or surrender before the learned Court below

within a period of six weeks from today, on furnishing bail bond

of Rs. 10,000/- (Ten thousand) with two sureties of the like

amount each to the satisfaction of the learned 1st Addl. Sessions

Judge cum Special Judge, Bettiah, West Champaran in

connection with Bettiah Town (Kalibag O.P.) P.S. Case No. 521
Patna High Court CR. APP (SJ) No.2190 of 2019(3) dt.11-07-2019
3/3

of 2015, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

Accordingly, the impugned order is set aside and

appeal is allowed.

(Prakash Chandra Jaiswal, J)
mantreshwar/-

U T

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