Patna High Court
Md. Jalaluddin @ Md. Jalal & Anr vs The State Of Bihar on 13 September, 2018
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2550 of 2018
Arising Out of PS. Case No.-4 Year-2017 Thana- SC/ST District- Munger
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1. Md. Jalaluddin @ Md. Jalal, Son of Md. Guddu @ Md.
Kamaluddin,
2. Md. Guddu @ Md. Kamaluddin, Son of Sheikh Israil, Both are
resident of Village- Gaura, Police Station- Shampur, District-
Munger.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
with
Criminal Appeal (SJ) No. 2852 of 2018
Arising Out of PS. Case No.-4 Year-2017 Thana- SC/ST District- Munger
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Md. Kalin @ Md. Kalim @ Kalim, Son of Md. Shahid @ Md. Shahid Akhtar,
Resident of Village- Gaura, Police Station- Shampur, District- Munger.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
with
Criminal Appeal (SJ) No. 2856 of 2018
Arising Out of PS. Case No.-4 Year-2017 Thana- SC/ST District- Munger
======================================================
Md. Javed Akhtar @ Md. Javed @ Md. Jabed, Son of Parvez Akhtar @ Pebaz
Akhtar, Resident of Village- Gaura, Police Station- Shampur, District-
Munger.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
======================================================
Appearance :
(In Criminal Appeal (SJ) No. 2550 of 2018)
For the Appellant/s : Mr. Binay Kumar
For the Respondent/s : Mr. Sri Sadanand Paswan
(In Criminal Appeal (SJ) No. 2852 of 2018)
For the Appellant/s : Mr. Binay Kumar
For the Respondent/s : Mr. Binay Krishna
Patna High Court CR. APP (SJ) No.2550 of 2018 dt.13-09-2018
2/4
(In Criminal Appeal (SJ) No. 2856 of 2018)
For the Appellant/s : Mr. Binay Kumar
For the Respondent/s : Mr. Binay Krishna
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 13-09-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail, vide orders dated 12.06.2018 and 09.07.2018, respectively passed by the learned Additional Sessions Judge-1st, Munger in A.B.P. No. 271 of 2018, A.B.P. No.867 of 2018 and A.B.P. No. 262 of 2018, respectively arising out of Munger S.C./S.T. Police Station Case No.04 of 2017 registered under Sections 341, 354(A), 354(B), 354(D), 504, 506/34 of the Indian Penal Code and Section 3 (i)
(e)(r)(s)/3(w)(i)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Appellant, Md. Kalin @ Md. Kalim @ Kalim claims to be a juvenile, whose date of birth is entered in the Aadhaar Card as 10.02.2007. A copy of the Aadhaar Card is at Annexure 3 of Criminal Appeal (SJ) No.2852 of 2018.
In the circumstances, no prayer of Md. Kalin @ Md. Kalim @ Kalim is maintainable before a criminal court. Hence, he may approach appropriate forum, if so advised. Patna High Court CR. APP (SJ) No.2550 of 2018 dt.13-09-2018 3/4 With the aforesaid observation, this Criminal Appeal (SJ) No.2852 of 2018 stands disposed of.
Considering the nature of allegation against appellant, Md. Jalaluddin @ Md. Jalal of sexual harassment to the daughter of the informant, I am not inclined to enlarge him on anticipatory bail. Hence, his prayer against refusal of anticipatory bail stands dismissed.
Since name of appellants, Md. Guddu @ Md. Kamaluddin and Md. Javed Akhtar @ Md. Javed @ Md. Jabed have not appeared in the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, as person who had committed any assault against her, hence let both these appellants, in the event of their 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/- (Rupees Twenty Thousand) each 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co- operate with the investigation/trial of the case, failing which the Patna High Court CR. APP (SJ) No.2550 of 2018 dt.13-09-2018 4/4 court below shall be at liberty to cancel the bail bonds of the appellants.
Accordingly, the appeals are partly allowed and partly dismissed.
(Birendra Kumar, J) abhishek/-
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