Patna High CourtCR. APP (SJ)/1292/2017allowed

Annu Devi v. The State Of Bihar

2017-07-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1292 of 2017 Arising Out of PS.Case No. -254 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Annu Devi Wife of Pankaj Jha, Resident of Village- Balaha, Police Station- Parwatta (Maraiya), District- Khagaria. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ravi Shanker Pankaj For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks bail in connection with Parwatta (Maraiya) P.S.Case No.254 of 2016, registered for offences punishable under Sections 302 & 201/34 of the Indian Penal Code and section 3(2)(v) (vi) of SC/ST (Prevention of Atrocities) Act. Submissions of the learned counsel for the appellant is that except the fact that the deceased went in the company of the appellant and one co-accused, there is nothing against him. Further, even according to the F.I.R., the informant is wife of the deceased and she had fled away along with the appellant at Delhi and thereafter the appellant returned. There was love affair between the parties and allegation of committing murder of the deceased is not bailable and furthermore she is a lady and in custody for about eight months.

Patna High Court CR. APP (SJ) No.1292 of 2017 (2) dt.01-07-2017 2/2 Heard learned Special P.P. also.

Having considered both sides and in view of the submission, let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Khagaria in connection with Parwatta (Maraiya) P.S.Case No.254 of 2016 after setting aside the order dated 17.2.2017 passed by Special Judge, S.C.S.T. (Prevention of Atrocities) Act, Khagaria-cumAdditional Sessions Judge-I, Khagaria in Parwatta (Mariaya) P.S.Case No.254 of 2016 dated 4.11.2016.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U