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Patna High CourtCR. APP (SJ)/1599/2019allowed

Sondai Devi v. The State Of Bihar

2019-04-24Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1599 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

SONDAI DEVI W/o Surya Narayan Rai R/o village- Chapahi, P.S.- Rajnagar, District- Madhubani 2.

Triveni Devi W/o Late Maha Rai @ Late Mahanand Rai R/o villageChapahi, P.S.- Rajnagar, District- Madhubani ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Subhash Kumar Jha For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 24-04-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

This appeal is filed for grant of pre-arrest bail to the appellant against the order dated 26.03.2019 passed by the 1st Additional Sessions Judge-cum-Special Judge, Madhubani in A.B.P. No. 421 of 2019 arising out of Rajnagar P.S. Case No. 47 of 2018 registered for the offences punishable under sections 143, 341, 323, 354(A) of the Indian Penal Code and Section 3(i)(r)(w)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for pre-arrest bail of the appellants has been rejected. Submission of learned counsel for the appellants is

Patna High Court CR. APP (SJ) No.1599 of 2019 dt.24-04-2019 2/2 that nothing has been alleged against the appellants. From perusal of F.I.R., it appears that the specific allegation is against co-accused Mahanand Rai. Further submission is that both the appellants are women of good moral character. Having heard both sides and in the facts and circumstances of the case, let the above named appellants be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Madhubani in connection with Rajnagar P.S. Case No.47 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is allowed and the impugned order dated 26.03.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date