Sapna Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.636 of 2019 Arising Out of PS. Case No.-15 Year-2018 Thana- SC/ST BAGHA District- West Champaran ====================================================== 1.
SAPNA DEVI AND ANR Wife of- Santosh Shrivastava Resident of Kailash Nagar, Ward No.4, P.S.-Patkhouli (Bagaha), District- West Champaran. 2.
Santosh Shriwasstava Son of-Late yadav Lal Shrivastava Resident of Kailash Nagar, Ward No.-4, P.S.-Patkhouli (Bagaha), District- West Champaran.
... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Milind Kumar Mishra For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-03-2019 Heard the parties.
The appellants seek anticipatory bail in connection with A.B.P. No. 2320 of 2018 arising out of Bagaha SC/ST P.S.Case No. 15 of 2018, registered for offences punishable under Sections 341, 323, 379, 504/34 of the Indian Penal Code and under Section 3(i) (r) ( s) (w) of the SC/ST Act.
The allegation as per the F.I.R. against the appellants is of abusing the wife of the informant by taking her caste name and assaulted her and her son and snatched ear ring. Submission of the learned counsel for the appellants is that they have falsely been implicated in this case and dispute arose between both the parties as earlier the wife of the informant
Patna High Court CR. APP (SJ) No.636 of 2019 dt.29-03-2019 2/2 deposed as a witness before the police in support of one Birjhan Bin and the present case has been lodged after delay of 13 days of the occurrence. The appellants have no criminal antecedents and there is no specific allegation against them. Heard learned Spl.P.P.
Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st-cum- Special Judge, SC/ST Act, Bettiah, West Champaran in A.B.P. No. 2320 of 2018, subject to condition as laid down under Section 438 of CR.P.C.
With the aforesaid direction, this appeal is allowed and the impugned order is set aside.
(Vinod Kumar Sinha, J) sudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.04.2019 Transmission Date 04.04.2019