Anjali Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1120 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -MAHILA P.S DistrictWESTCHAMPARAN(BETTIAH) ===========================================================

1. Anjali Kumari, Daughter of Rambabu Sah, Resident of Mohalla-Purani Bazar, Ramnagar, Police Station-Ramnagar, District-West Champaran at Bettiah. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Raghunandan Kumar Singh, Advocate For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-05-2018 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 anticipatory bail by the learned Additional Sessions Judge-I-cum-Special Judge, West Champaran at Bettiah, in connection with Bagaha Mahila Police Station Case No.8 of 2017 registered under Sections 366A/34 of the Indian Penal Code. Subsequently, offences under Sections 376G/120B of the Indian Penal Code and Sections 3(xii)/2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR relates to an occurrence of kidnapping of the niece of the informant. The appellant and others are named in the FIR. The victim has filed a petition before the learned court-below. A

Patna High Court CR. APP (SJ) No.1120 of 2018 dt.10-05-2018 P2/ copy of the same is at Annexure-2, wherein she has stated that she had gone to the house of her relative without informing her family members and FIR was lodged.

Considering the statement of the victim as well as the fact that the appellant is a female, let the appellant, 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 bail on furnishing bail bonds 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, 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, the impugned order is set aside and appeal stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR CAV DATE NA Uploading Date Transmission Date