Lalmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1213 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.

Lalmati Devi, W/o Anant Pandit @ Anand Pandit, All Resident of VillageHasanpur, P.S- Pipra, District- East Champaran. 2.

Ram Kumari @ Shobha Devi, D/o Birendra Pandit, All Resident of VillageHasanpur, P.S-Pipra, District-East Champaran. 3.

Shila Devi, Wife of Nandan Pandit, All Resident of Village-Hasanpur, P.SPipra, District-East Champaran. 4.

Usha Devi, Wife of Birendra Pandit, All Resident of Village-Hasanpur, P.SPipra, District-East Champaran. 5.

Birendra Pandit, Son of Govind Pandit, All Resident of Village-Hasanpur, P.S-Pipra, District-East Champaran.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Karandeep Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 This is an appeal for grant of anticipatory bail in connection with Pipra P.S. Case No.14 of 2019, disclosing offences under Sections 341, 323, 379, 307, 504, 506, 34 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act (POA) Act. Allegation as per written statement against the appellant is that appellant and other accused persons assaulted the informant on his head with Tanguli with the intention to kill him.

Submission of the learned counsel for the appellant is that no specific allegations has been attributed against any of

Patna High Court CR. APP (SJ) No.1213 of 2019(2) dt.09-05-2019 2/2 them and all the injuries are simple in nature, rather the allegation of assault is general and omnibus. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of this case, let the appellant, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA), Act, West Champaran at Motihari in connection with Pipra P.S. Case No.14 of 2019.

Accordingly, this appeal is allowed and the impugned order dated 20.02.2019 passed by the learned Additional Sessions Judge-cum-Special Judge, SC/ST (POA), Act is set aside.

(Vinod Kumar Sinha, J) sunil/- U T