Ranjana Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.906 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- JAMUI District- Jamui ====================================================== RANJANA DEVI W/O ARBIND MANDAL R/O VILLAGE- DAULATPUR, P.S- JAMUI, DISTT.- JAMUI.
... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rabindra Kumar, Advocate For the Respondent/s :
Ms. Usha Kumari-1, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024 Heard learned counsel for the parties.
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 06.01.2024 in A.B.P. No. 2178 of 2023 passed by the learned 1st Additional Sessions Judge-cum-Special Judge POCSO and S.C./S.T. (POA) Act, Jamui in connection with Jamui P.S. Case No. 598 of 2023 registered under Sections 147, 149, 341, 379, 411, 353, 307, 504, 506, 332 and 186 of the Indian Penal Code, Section 21 of the MMDR Act, Section 56(2) of the Bihar Mineral Act as well as Sections 3(1)(r)(s) and (vi) of the SC/ST Act.
3. Learned counsel for the appellant submits that the appellant is a woman and has been falsely implicated in the
Patna High Court CR. APP (SJ) No.906 of 2024(2) dt.12-03-2024 2/3 present case by the informant who is a police officer with an allegation that the police on information reached the place of occurrence and saw that seven tractors laden with sand were fleeing but one of the tractors along with two motorcycles were seized. It is further submitted that thereafter 100-200 men and women surrounded the police force and created obstruction in discharge of official duty and also pelted stones, further four accused were arrested and videography of the occurrence was done in which the appellant was identified.
4. Learned for the appellant submits that appellant has been falsely implicated in the present case. It is further submitted that even presuming what has been alleged is true without admitting then the allegation against the appellant is general and omnibus in nature. It is next submitted that the appellant resides nearby the place of occurrence as such when the occurrence took place she on account of inquisitiveness came out of her house to witness the occurrence and it may be a possibility that she might have been videographed.
5. Learned Special Public Prosecutor opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts, let the appellant, above named, in the event of her arrest or surrender before the
Patna High Court CR. APP (SJ) No.906 of 2024(2) dt.12-03-2024 3/3 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 bonds 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 under Section 438(2) of the Code of Criminal Procedure.
7. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Satyavrat Verma, J) Kundan/- U T