Rinki Devi @ Rinku Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.659 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- RAJAON District- Banka ====================================================== Rinki Devi @ Rinku Kumari Wife of Manoj Mandal Resident of VillageRajabar, Police Station- Rajoun, District- Banka. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ajay Mukherjee For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-02-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 10.01.2019 passed by the learned Addl. Sessions Judge-1st, Banka in ABP No. 1502 of 2018 arising out of Rajoun P.S.Case No. 365 of 2018 registered under Sections 307, 323, 337, 341, 504 and 506 of the Indian penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation against the appellant is that she along with other accused persons, abused the informant by taking caste name and also assaulted him.
Submission of learned counsel for the appellant is that she
Patna High Court CR. APP (SJ) No.659 of 2019 dt.28-02-2019 2/2 is a lady and there is case and counter case in between the parties and dispute is with respect to drainage. Heard learned Spl. P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-1st , Banka in ABP No. 1502 of 2018 arising out of Rajoun P.S.Case No. 365 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
Accordingly, the appeal is allowed and the impugned order is set aside with respect to her.
(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date