Lovely v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.976 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== 1.

LOVELY Daughter of Shailendra Kumar Tiwari Resident of Village - Rahimpur, Bodhachak Road, P.S.- Parsa Bazar, District - Patna. 2.

Jyoti Kumari Daughter of Shailendra Kumar Tiwari Resident of Village - Rahimpur, Bodhachak Road, P.S.- Parsa Bazar, District - Patna. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Durgawati Kumari Wife of Binod Ram Resident of Village - Rahimpur, Bodhachak, P.S.- Parsa Bazar, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Krishnakant Upadhyay For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-10-2022 Learned counsel for the appellants is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the appellants as well as learned counsel for the informant.

This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 15.02.2022 passed by the learned Spl. Judge, SC/ST, Patna in A.B.P. No. 1126 of 2022 arising out of Parsa Bazar P.S. Case No. 343 of 2021, registered for the offences

Patna High Court CR. APP (SJ) No.976 of 2022(4) dt.13-10-2022 2/3 punishable under Sections 147, 149, 341, 323, 504, 337, 306 of the Indian Penal Code & Section 3(i)(x) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellants has been rejected. As per allegation, when the informant was sitting at her darwaja with children the accused persons started abusing and assaulting the informant and her daughter. It has also been alleged that accused Shailendra Kumar Tiwary started pelting stones resulting the informant's daughter namely Suhani Kumari injured.

Learned counsel for the appellants has submitted that both the appellants are ladies having no criminal antecedent. He has submitted further on similar footing co-accused persons have been granted anticipatory bail vide Cr. App. (SJ) No. 254 of 2022 and Cr. App (SJ) No. 408 of 2022.

In these circumstances, the appeal is allowed and the impugned order dated 15.02.2022 passed by the learned Spl. Judge, SC/ST, Patna is set aside.

Accordingly, in the event of arrest or surrender within four weeks from today, the appellants above-named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like

Patna High Court CR. APP (SJ) No.976 of 2022(4) dt.13-10-2022 3/3 amount each to the satisfaction of learned learned Spl. Judge, SC/ST, Patna in connection with Parsa Bazar P.S. Case No. 343 of 2021.

Office shall ensure that all defects are removed by the appellant within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T