Soni Devi @ Archana Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3957 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -TATARPUR District- BHAGALPUR ===========================================================
1. Soni Devi @ Archana Kumari Wife of Shekhar Rai Resident of Golaghat,P.S. Tatarpur, Distt.-Bhagalpur .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Ranjan Kumar Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-11-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 17.09.2018 passed by the learned Special Judge (S.C./S.T. Act), Bhagalpur, in connection with Tatarpur Police Station Case No.105 of 2017, registered under Sections 147/148/149/341/323/448/354/302/504 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant and others is of chasing the son of the informant and in course of that he fell down in the pond and died.
Patna High Court CR. APP (SJ) No.3957 of 2018 dt.06-11-2018 P2/ Submission of the learned counsel for the appellant is that as a matter of fact the deceased had stolen mobiles and when he was chased, he jumped into the pond and thereafter he died. The appellant is in custody since 14.08.2018.
Considering the aforesaid fact, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, the impugned order is set aside and appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date08.11.2018 Transmission Date 08.11.2018