IN THE HIGH COURT OF JUDICATURE AT PATNA
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
For the Appellant/s : Mr. Indrajeet Bhushan
For the Respondent/s : Mr. Sadanand Paswan
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
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
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)