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Patna High CourtCR. APP (SJ)/545/2018allowed

Rekha Devi v. The State Of Bihar

2018-02-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.545 of 2018 Arising Out of PS.Case No. -23 Year- 2017 Thana -SC/ST District- SAMASTIPUR ======================================================

1. Rekha Devi, wife of Anil Mukhia, Resident of Village- Kankari, Police Station- Singhia, District- Samastipur.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Sushil Kumar Singh, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP,. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Samastipur in connection with SC/ST P.S.Case No. 23/2017 registered under Sections 147, 447, 448, 449, 341, 324, 307, 379, 504, 506, 302 of the Indian Penal Code as well as under Sections 3(1)(r)(s)3(2)(VA) of the Scheduled Castes and Scheduled Tribes Act.

The allegation of commission of abuse and assault is general and omnibus against 20-25 persons. The appellant is also named therein. The appellant is a female. Considering the aforesaid fact, let the appellant,

Patna High Court CR. APP (SJ) No.545 of 2018 (2) dt.26-02-2018 above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T