Soni Devi @ Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1317 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- DHAKA District- East Champaran ====================================================== 1.

Dulari Devi W/o- Badan Thakur @ Baban Thakur Village- Bikrampur, Bishambarpur Ps- Dhaka Dist- East Champaran 2.

Munni Devi wife of Rajeshwar Singh Village- Bikrampur, Bishambarpur PsDhaka Dist- East Champaran 3.

Saroj Devi wife of Utam Thakur Village- Bikrampur, Bishambarpur PsDhaka Dist- East Champaran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rina Devi, Circle Officer, Dhaka, East Champaran bihar ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 1084 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Soni Devi @ Soni Kumari Wife Of Raj Kishor Singh Resident Of VillageWard No. 7, Vikrampur, Ps- Dhaka, Distt- East Champaran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Reena Kumari Female, Circle Officer Dhaka, Ps- Dhaka, Dist- East Champaran Bihar ... ... Respondent/s ====================================================== Appearance :

(In CRIMINAL APPEAL (SJ) No. 1317 of 2024) For the Appellant/s :

Mr. Ajay Kumar Singh, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Spl. Public Prosecutor (In CRIMINAL APPEAL (SJ) No. 1084 of 2024) For the Appellant/s :

Mr. Yashraj Bardhan, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2025 Heard learned counsel appearing on behalf of appellants and Spl. Public Prosecutor.

Patna High Court CR. APP (SJ) No.1317 of 2024(4) dt.10-04-2025 2/3

2. These appeals have been filed against the orders dated 08.02.2024 passed by learned Special Judge SC/ST Act, East Champaran, Motihari in connection with ABP No. 486 of 2024 and ABP No. 453 of 2024 arising out of Dhaka P.S. Case No. 05 of 2024, registered under Sections 147, 148, 149, 341, 323, 353, 386, 387, 307, 354(B), 506, 427 of the Indian Penal Code and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayers for anticipatory bail of appellants have been rejected.

3. Prosecution case, in brief, is that on 08.01.24, when informant, who is Circle Office, went to village Vikrampur along with other personnel from revenue department to remove encroachment, in compliance of the order passed by Hon'ble High Court, all the F.I.R. named accused persons including these appellants created hinderance and assaulted informant and other officials by pelting stones. It is further alleged that the accused persons abused the driver of informant by caste name.

4. It is submitted on behalf of appellants that appellants are innocent and have committed no offence. Allegation of assault against appellant is general and omnibus. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate

Patna High Court CR. APP (SJ) No.1317 of 2024(4) dt.10-04-2025 3/3 Bench of this Hon'ble Court vide order dated 10.05.2024 passed in Cr. Appeal (SJ) No. 1417 of 2024. Appellants are ladies and claim clean antecedent.

5. However, learned Spl. Public Prosecutor appearing for the State vehemently opposed the bail application.

6. Considering the nature of accusation and the fact that public officials, who were discharging their duty pursuant to order passed by this Hon'ble Court, were obstructed and assaulted, I do not find any ground to interfere with the orders of the learned court below and as such, the appeals, which have been filed for grant of anticipatory bail, are hereby rejected. (Prabhat Kumar Singh, J) Navya/- U T