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Patna High CourtCR. APP (SJ)/336/2018allowed

Nirmala Devi v. The State Of Bihar

2018-03-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.336 of 2018 Arising Out of PS.Case No. -234 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Nirmala Devi W/o Late Rajkumar Yadav, R/o Village- Babraha, P.S.- Parbatta, District- Khagaria.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ranjeet Kumar Singh, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2018 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 Additional Sessions Judge 1st, Khagaria in connection with Parbatta P.S.Case No. 234 of 2016, G.R.No.2108 of 2016 registered under Sections 341,323,353,504,506/34 of the Indian Penal Code as well as under Sections 3(i)(x)of the Scheduled Castes and Scheduled Tribes Act.

There is general and omnibus allegation against the FIR named accused person including the appellant of commission of abuse and assault. Land dispute is reason for the occurrence. The appellant is a female.

Considering the general and omnibus nature of

Patna High Court CR. APP (SJ) No.336 of 2018 (4) dt.22-03-2018 allegation, 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 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