Mani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52832 of 2015 Arising Out of PS.Case No. -356 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Mani Kumari, W/o Asit Ranjan, resident of Maharana Pratap Chowk, near Katharua, NH-2, Aurangabad, P.S.

Aurangabad Town, DistrictAurangabad.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Aurangabad Town P.S. Case No. 356 of 2015 registered under Sections 304-A, 504, 323 read with 34 of the Indian Penal Code and 3(2)(vii) and 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is contended that the petitioner is a qualified Gynecologist and is in employment of the Government of Bihar and posted at Sadar Hospital, Aurangabad. She has requisite qualification and experience to treat the patients having gynecological problem. The offences alleged under the Indian Penal Code are all bailable in nature and since the abusive words

Patna High Court Cr.Misc. No.52832 of 2015 (2) dt.10-11-2015 2/2 are not said to have been uttered in public view, the ingredients of the offence punishable under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not attracted in the present case.

Considering the above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to 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 learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 356 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T