Seema Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.58 of 2020 Arising Out of PS. Case No.-679 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== SEEMA RAJ Wife of Sri Satendra Kumar Resident at Village- Tehta Matth, P.S.- Makhdumpur, District- Jehanabad.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Kamod Kumar Vidyarthi For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard the parties.

The matter relates to grant of anticipatory bail to the appellant in connection with Special Case No. 539 of 2018 arising out of Sastrinagar P.S. Case No. 679 of 2018 registered for the offences under Sections 448, 323, 504, 506 of the Indian Penal Code and Sections 3(1)® of the SC/ST Act. Allegedly, the appellant along with others got opened the door and entered the house of the informant and calling his caste name, started assaulting.

It has been submitted on behalf of the appellant that the

Patna High Court CR. APP (SJ) No.58 of 2020(3) dt.16-12-2020 2/3 appellants have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. There is general and omnibus allegation. No specific overt act is alleged against the appellant. The alleged occurrence has not taken place within public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case.

On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.

In view of the aforesaid facts and circumstances, the order dated 29-11-2019 passed by learned Additional District & Sessions Judge-XX-cum-Special Judge, SC/ST Act, Patna in Special Case No. 539 of 2018 arising out of Sastrinagar P.S. Case No. 679 of 2018 is set aside. The present Criminal Appeal is allowed.

Accordingly, let the appellant, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-

Patna High Court CR. APP (SJ) No.58 of 2020(3) dt.16-12-2020 3/3 XX-cum-Special Judge, SC/ST Act, Patna in connection with Special Case No. 539 of 2018 arising out of Sastrinagar P.S. Case No. 679 of 2018.

(Sudhir Singh, J) A.K.V.//- U T