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Saddam Hussain vs The State Of Bihar on 16 October, 2017

Criminal Appeal (SJ) No.2830 of 2017
Arising Out of PS.Case No. -151 Year- 2017 Thana -PHULWARIA District- GOPALGANJ

Saddam Hussain, son of Md. Muslim Miya, R/o Village- Pandey Parsa,
P.S.- Fulwariya (Sripur O.P.), District- Gopalganj.

…. …. Appellant
The State of Bihar

…. …. Respondent

Appearance :
For the Appellant/s : Mr. Indrajeet Bhushan
For the Respondent/s : Mr. Sadanand Paswan


2 16-10-2017 Heard learned counsel for the appellant.

This appeal has been filed for grant of bail in connection

with Trial No. 444 of 2017, arising out of Fulwariya P.S. Case No.

151 of 2017, registered for the offences punishable under Sections

354 of the Indian Penal Code and 3(1)(xi) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act and for setting

aside the impugned order dated 29.8.2017 passed by Additional

District and Sessions Judge-I-cum-Special Judge, Gopalganj.

Allegation against the appellant is of catching hold of

daughter of informant.

Submission of learned counsel for the appellant is that at

best it is a case under Section 354 IPC and he is in custody for two

and a half months having no criminal antecedent.

Heard learned Special P.P., who could not controvert the

above submission.

Having heard both sides and in view of the facts and
Patna High Court CR. APP (SJ) No.2830 of 2017 (2) dt.16-10-2017

circumstances, as stated above, this appeal is allowed and the

impugned order is set aside.

Let the appellant, above named, be released on bail on

furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand)

with two sureties of the like amount each to the satisfaction of

Additional District and Sessions Judge-I-cum-Special Judge,

Gopalganj, in connection with Fulwariya P.S. Case No. 151 of

2017, subject to the following conditions :-

(1) One of the bailors shall be a local person

having sufficient immoveable properties in

the jurisdiction of court concerned,

(2) Appellant shall co-operate in disposal of

trial and appear before the court on each and

every date and on failure to appear on two

consecutive dates without any genuine

reason or without permission of court, his

bail bond shall be liable to be cancelled,

(3) Appellant shall not induce any witness or

tamper with the evidence.

(Vinod Kumar Sinha, J)


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