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Patna High CourtCR. APP (SJ)/1150/2021allowed

Indu Devi v. The State Of Bihar

2021-03-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1150 of 2021 Arising Out of PS. Case No.-304 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== INDU DEVI W/o Bipin Mahto Resident of Village - Darha Hari Singh Ward No.2, P.S.- Bakhri, Dist.- Bugusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ramakant Yadav,Adv For the Respondent/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2021 Let the defects be removed within four weeks. 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 against the refusal of prayer for bail by order dated 14.10.2020 in Bakhri P.S.Case No.304 of 2020 (G.R.No.690 of 2020) passed by the learned Special Judge S.C./S.T. (POA) Act, Begusarai, registered under Sections 341,323,307,302,504,506,147,148,149 of the Indian Penal Code, and Section 3(i)(r)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 27 of the Arms Act.

11 persons are named in the FIR. Allegation of commission of murderous assault is specific against the male accused persons. Further allegation of commission of firearm

Patna High Court CR. APP (SJ) No.1150 of 2021(2) dt.23-03-2021 2/2 injury is also against the named male accused. Appellant is a female member of the family. There is no specific allegation against the appellant.

Let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) 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, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the investigation/trial of the case and also the appellant shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T