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Patna High CourtCR. MISC./1572/2020dismissed

Rekha Devi v. The State Of Bihar

2020-02-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1572 of 2020 Arising Out of PS. Case No.-5 Year-2018 Thana- SC/ST District- Supaul ====================================================== REKHA DEVI Wife of Anmol Paswan Resident of Village - Jadia (Paswan Tola) Ward No. 15, P.S.- Jadia, District - Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kailu Sah Son of Late Suresh Sah Resident of Village - Jadia, Teliyahi Tola, P.S.- Jadia, District - Supaul.

3.

Sadanand Sah Son of Late Suresh Sah Resident of Village - Jadia, Teliyahi Tola, P.S.- Jadia, District - Supaul.

4.

Hari Nandan Sah Son of Shiv Narayan Sah Resident of Village - Jadia, Teliyahi Tola, P.S.- Jadia, District - Supaul. 5.

Shiv Narayan Sah Son of Late Narsingh Sah Resident of Village - Jadia, Teliyahi Tola, P.S.- Jadia, District - Supaul. 6.

Bhupdeo Sah Son of Bindeswarisah Resident of Village - Jadia, Teliyahi Tola, P.S.- Jadia, District - Supaul.

7.

Bindeswari Sah Son of Late Mani Sah Resident of Village - Jadia, Teliyahi Tola, P.S.- Jadia, District - Supaul.

8.

Dinesh Sah Son of Deep Narayan Sah Resident of Village - Jadia, Teliyahi Tola, P.S.- Jadia, District - Supaul.

9.

Parmelshwari Yadav Son of Late Bachcha Lal Yadav Resident of Village - Jadia, Teliyahi Tola, P.S.- Jadia, District - Supaul. 10.

Bhushan Sah Son of Bhupdeo Sah Resident of Village - Jadia, Teliyahi Tola, P.S.- Jadia, District - Supaul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prafull Chandra Thakur Mr. Kanchan Jha For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2020 This is an application for cancellation of bail granted to opposite party nos. 2 to 10 vide order dated 27.09.2019 passed by the learned Additional Sessions Judge -I-cum- Special Judge, Supaul in SC/ST Case No. 36/2018 arising out of Supaul SC/ST P.S. Case No.

Patna High Court CR. MISC. No.1572 of 2020(2) dt.17-02-2020 2/2 5/2018, registered for offences punishable under Sections 147, 341, 323, 504, 379 of the Indian Penal Code and Section 3(i)(r) of SC/ST (Prevention of Atrocities), Act.

Submission of learned counsel for the petitioner is that there are allegation against all the accused persons of assaulting and outraging the modesty of informant and taking away Rs. Forty five thousand and the learned court below without considering the same, enlarged the opposite party nos. 2 to 10 on the date of surrender itself.

Heard learned A.P.P. and perused the F.I.R. as well as impugned order, from which, it appears that there are only general and omnibus allegation against opposite party nos. 2 to 10 and no specific allegation has been attributed to them and considering the same, learned Court below has enlarged opposite party nos. 2 to 10 on bail, in which, there is no illegality or impropriety. In view of the above discussions, I do not find any merit in the present application and the same is, accordingly, dismissed. (Vinod Kumar Sinha, J) sunilkumar/- U T