Reeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1681 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== REETA DEVI W/o Nandkishore Sah R/o village- Bahuari, P.S.- Ramnagar, District- West Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bimlesh Kumar Pandey For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-08-2022 Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the appellant and learned APP for the State.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 22.04.2022 in connection with Ramnagar P.S.Case No. 73 of 2022, registered for the offences punishable under Sections 341, 323, 380, 385, 504, 506 and 34 of the Indian Penal Code and Section 3(i)(r)(s) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected. As per allegation, the accused persons including the appellant, entered into the house of the informant. They abused her by calling her caste name and they took away ornaments from her house. The allegation against the appellant is that she asked other accused persons to kill the informant. Learned counsel for the appellant has submitted that the provision of SC/ST Act is not attracted against the present appellant as she herself belongs to ST category and her caste certificate has been annexed as Annexure-2.

Patna High Court CR. APP (SJ) No.1681 of 2022(2) dt.29-08-2022 2/2 Considering the facts and circumstances as well as the clean antecedent of the appellant, the appeal is allowed and the impugned order dated 22.04.2022 is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellant, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions 1st-cum-Special Judge, SC/ST, Bettiah, West Champaran in connection with Ramnagar P.S.Case No. 73 of 2022.

Office shall ensure that all the defects are removed by the appellant within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T