Lalita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.276 of 2019 Arising Out of PS. Case No.-503 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================

1. Lalita Devi, wife of Awdhesh Sharma,

2. Amit Kumar, son of Awdhesh Sharma both residents of village Mathiya dih, Barhi Tola P.S.-Chhatauni, Dist.-East Champaran.

... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Binod Kumar Mishra For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-01-2019 This is an appeal under Section 14(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 01.12.2018 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, SC/ST(Prevention of Atrocities) Act East Champaran, Motihari in connection with Muffasil P.S.Case No. 503 of 2018 registered under Sections 30234 of the Indian penal Code and Sections 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 . Allegation against the appellants is that they called the deceased and cut his private part and they are named in the FIR. Submission of learned counsel for the appellants is that

Patna High Court CR. APP (SJ) No.276 of 2019 dt.22-01-2019 2/2 appellants have been falsely implicated in this case as there is no eye witness of the occurrence and appellant no. 1 is 55 years old lady.

Heard learned Spl. P.P also.

Having heard both sides and in view of the allegation, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners. However, if petitioners surrender and pray for regular bail, the same shall be considered by the learned court below as per the material available available on record against them without being prejudiced by this order. Accordingly, this appeal stands dismissed.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date