Amlo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1296 of 2020 Arising Out of PS. Case No.-492 Year-2019 Thana- RAJAON District- Banka ====================================================== AMLO DEVI Wife of Pappu Singh Resident of Village - Chaksafia, P.S.- Rajoun, District - Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Md. Najmul Hodda, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the parties.

The appellant has challenged impugned order dated 24.2.2020, passed by the Court below in a case filed for offence punishable under sections 307/34 and other allied sections of the Indian Penal Code read with section 3 of the SC/ST Act.

It is alleged that the appellant and other accused persons came to informant's house and assaulted him with lathi, danda, rod, etc. Pappu Singh assaulted on his head. It is submitted by learned counsel for the appellant

Patna High Court CR. APP (SJ) No.1296 of 2020(2) dt.01-06-2020 2/3 that the appellant has falsely been implicated in this case due to land dispute between the parties. He further submits that there is general and omnibus allegation against the appellant as well as other accused persons and no specific overt act has been alleged against her. Appellant is having no criminal antecedent and is in custody since 20.2.2020. Taking into consideration the facts and circumstances of the case, the impugned order dated 24.2.2020 is set aside and the appeal is allowed. Let the appellant, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I Banka in GR No. 166/2019/ Rajoun Police Station Case No. 492/2019 on the following conditions:-

(1) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the appellant tampers with the evidence or

Patna High Court CR. APP (SJ) No.1296 of 2020(2) dt.01-06-2020 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T