Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.286 of 2018 Arising Out of PS.Case No. -272 Year- 2017 Thana -SURSAND District- SITAMARHI ====================================================== Gayatri Devi, Wife of Ajay Singh, resident of Village- Ragharpura, P.S. Sursand, District- Sitamarhi.

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Alok Kumar Alok, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan,SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 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 A.D.J.-cum-Special Judge, (SC/ST Act) Sitamarhi in connection with Sursand P.S.Case No. 272 of 2017 registered under Sections 341, 342, 323, 307, 354, 354(B), 504/34 of the Indian Penal Code as well as under Sections 3(i)(R)(S)(W) of the Scheduled Castes and Scheduled Tribes Act.

The main allegation is against husband of the appellant of commission of abuse by taking caste name of the informant. There is general and omnibus allegation of commission of assault.

Patna High Court CR. APP (SJ) No.286 of 2018 (2) dt.16-02-2018 Considering the fact that the appellant is a female as well as considering the nature of allegation, in my view, the appellant deserves anticipatory bail.

Accordingly, 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, is directed to 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