Laxmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.789 of 2020 Arising Out of PS. Case No.-15 Year-2019 Thana- SC/ST District- Bhagalpur ====================================================== 1.

LAXMI DEVI, Wife of Late Sitavi Mandal, Resident of Village- Bandawa, P.S.- Sajour, District- Bhagalpur.

2.

Nisha Devi, Wife of Rakesh Mandal @ Rakesh Singh, Resident of VillageBandawa, P.S.- Sajour, District- Bhagalpur. 3.

Rajesh Mandal @ Rakesh Singh, Son of Late Sitavi Mandal, Resident of Village- Bandawa, P.S.- Sajour, District- Bhagalpur. 4.

Diwakar Mandal, Son of Mahendra Mandal, Son in Law of Late Sitavi Mandal, Resident of Village- Govindpur, P.S.- Amarpur, District- Banka. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajive Ranjan Singh, Adv.

For the Respondent/s :

Mr.Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2021 Heard both sides.

The appellants filed this appeal under Section 14A(2) of the SC/ST (POA) Act against the order dated 09.12.2019 passed in A.B.P. No. 2193/2019 by the learned 3rd Addl. District & Sessions Judge -cum- Special Judge, SC/ST Act, Bhagalpur, by which learned Special Judge, Bhagalpur rejected the anticipatory bail petition of the appellants in Bhagalpur (SC/ST) P.S. Case No. 15/2019 registered under Sections 341, 323, 354B, 379, 504, 506, 34 of the Indian Penal Code and Sections 3(1)(r)(s)(w)(g) and 3(2)(Va) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.789 of 2020(3) dt.08-03-2021 2/3 Learned counsel for the appellants submits that from bare perusal of the F.I.R. itself, it would appear that the informant alleged that land in question was settled in favour of his father in the year 1988-89 and his name was mutated with regard to Khata No. 695, Khesra No. 1631, 1632, 2656, Area 0.79 decimal but the accused persons objected while the informant was sowing paddy crops in the field. Learned counsel for the appellants submits that prior to institution of the present case, from the side of the appellant one case was lodged against the informant and others. From perusal of the order (Annexure-4), it appears that the land was measured and the appellate authority found the land belonged to the appellants. Only thereafter, the present case has been lodged. Mr. Sadanand Paswan, learned Spl. P.P. did not dispute the facts and submits that on the face of the allegation it appears that there is land dispute between the two sides for which the present case has been lodged taking recourse to the SC/ST Act.

Having considered the submissions of both sides and on perusal of the records, I find that the appellants deserve anticipatory bail. Accordingly, the appeal is allowed. The order dated 09.12.2019 passed in A.B.P. No. 2193/2019 by the learned

Patna High Court CR. APP (SJ) No.789 of 2020(3) dt.08-03-2021 3/3 3rd Addl. District & Sessions Judge-cum-Special Judge, Bhagalpur is set aside.

Appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. District & Sessions Judge-cum-Special Judge, SC/ST Act, Bhagalpur in connection with Bhagalpur SC/ST P.S. Case No. 15/2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) rakhi/- U T