Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1555 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== 1.
SUNITA DEVI Wife of Parshuram Kumar @ Parshuram Singh Resident of Village- Dhrubganj, P.S.- Kharik, District- Bhagalpur. 2.
Anjani Devi Wife of Ramjot Roy @ Ramjot Kumar Resident of VillageDhrubganj, P.S.- Kharik, District- Bhagalpur. 3.
Priyanka Kumari Daughter of Ramjot Roy @ Ramjot Kumar Resident of Village- Dhrubganj, P.S.- Kharik, District- Bhagalpur. ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
Payal Kumari Vakil Sharma R/V-Dhrubganj, P.S.-Kharik, Distt.-Bhagalpur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bijendra Kumar For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2024
1. Heard learned counsel for the appellants and the learned Special P.P. Mr. Binay Krishna.
2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 07.01.2021 in A.B.P. No. 2101 of 2020 passed by the learned Additional Sessions Judge-III-cum-Special Judge, SC/ST Act, Bhagalpur in connection with Kharik P.S. Case No.95/2020, registered under Sections 341, 323, 452, 354(B), 34 of the Indian Penal Code as well as Sections 3(1)(r)(s) of the
Patna High Court CR. APP (SJ) No.1555 of 2021(4) dt.20-06-2024 2/3 SC/ST Act.
3. Learned counsel for the appellants submits that the appellants are persons with clean antecedent and are women and have been falsely implicated in the instant case by the informant. It is further submitted that the male accused were taken in custody and were subsequently released on bail. It is further submitted that on intervention of well wishers the parties compromised the case as would be evident from Annexure-3 to the memo of appeal. It is also submitted that the allegations against the appellants are general and omnibus in nature.
4. Learned Special Public Prosecutor Mr. Binay Krishna opposes the prayer for anticipatory bail of the appellants.
5. Considering the submission of the learned counsel for the appellants, the order impugned is set aside. Let the appellants, above named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees five 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, subject to the conditions as laid down
Patna High Court CR. APP (SJ) No.1555 of 2021(4) dt.20-06-2024 3/3 under Section 438(2) of the Code of Criminal Procedure.
6. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Satyavrat Verma, J) amit/- U T