Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1208 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- CHIKSAUR District- Nalanda ====================================================== Manju Devi Wife of Naresh Prasad Resident of Village - Bajitpur, P.S.- Chikasaura, Distt.- Nalanda. . ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Anil Kumar Singh For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 23-05-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 01.03.2019 passed by learned 1st Addl. Sessions Judge-I- cum-Special Judge, Nalanda at Biharshrif in Chiksaura P.S. Case No. 21 of 2019 registered under Sections 307, 341, 323, 504, & 506/34 of the Indian Penal Code and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Over row of removal of 'Nad' from the passage appellant is said to have slated the informant in the name of his caste descending at his door and on the order of the appellant his son Bittu Kumar resorted firing which hit to one Rupam Kumari and Munchun Kumar assaulted to Rekha Devi with rod inflicting injury on her head. It is submitted by learned counsel for the appellant that

Patna High Court CR. APP (SJ) No.1208 of 2019 dt.23-05-2019 2/2 no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to land dispute. She happens to be next door neighbour of the informant. She does not happen to be assailant. No offence under SC/ST Act is made out against the appellant. She has no criminal antecedent. She happens to be lady and has been languishing in custody since 26.02.2019. Learned Spl. PP for the State opposed the prayer for bail. In the facts and circumstances of the case, the above named appellant is directed to be enlarged 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 learned 1st Addl. Sessions Judge-I- cum-Special Judge, Nalanda at Biharshrif in Chiksaura P.S. Case No. 21 of 2019 Accordingly, the impugned order is set aside and appeal is allowed.

Trivedi/- (Prakash Chandra Jaiswal, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 25.05.2019 Transmission Date 25.05.2019