Musmat Bhulai Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1496 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- SAHODARA District- West Champaran ====================================================== Musmat Bhulai Devi Wife of Late Mahesh Chaudhary Resident of Banspur, Pipra, Police Station- Sahodara, District- West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Arbind Kumar Singh For the Respondent/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-10-2021 Heard learned counsel for the appellant and learned APP for the State.

Learned counsel for the appellant is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The appellant has challenged the order dated 15.10.2020 passed by the learned 1st Additional District Judge-cum-Special Judge(SC/ST), Bettiah, West Champaran in connection with Sahodara P.S. Case No. 06 of 2020 instituted for the offences under Sections

Patna High Court CR. APP (SJ) No.1496 of 2021(2) dt.28-10-2021 2/3 147, 148, 341, 323, 324, 325, 307, 379, 504, 506 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act, 1989, whereby the prayer for being released on anticipatory bail has been rejected.

It is alleged that the informant and his father were assaulted and abused by calling caste name by the accused persons including the appellant.

Learned counsel for the appellants submits that the allegation against the appellant is omnibus and general. Moreover, the occurrence has not taken in public view, hence the provisions of the SC/ST Act shall not be attracted. Moreover, the appellant is an old lady aged about 72 years.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 15.10.2020. The appeal is hereby allowed.

The appellant, above named is directed to be released on bail in the event of his arrest or surrender

Patna High Court CR. APP (SJ) No.1496 of 2021(2) dt.28-10-2021 3/3 within a period of four weeks from today and on his furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge, SC/ST, Bettiah, West Champaran in connection with Sahodara P.S. Case No. 06 of 2020.

(Sunil Kumar Panwar, J) Shageer/- U T