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Patna High CourtCR. APP (SJ)/3064/2017allowed

Manju Rani @ Smt. Manju Rani @ Smt. Muju Rani v. The State Of Bihar

2017-11-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3064 of 2017 Arising Out of PS.Case No. -228 Year- 2016 Thana -PARSABAZAR District- PATNA ====================================================== Smt. Manju Rani aged about 46 Years, W/o Sri Upkar Pritam Kumar Santoshi, R/o Village/Mohalla- Rani Niwash Ramesh Colony Kurthoul , P.S.- Parsa Bazar, District- Patna.

.... .... Appellant

Versus

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

For the Appellant/s : Mr. Vijay Anand For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2017 Heard learned counsel for the appellant.

This appeal has been filed for grant of pre-arrest bail in connection with Parsa Bazar P.S.Case No. 228 of 2016 registered for the offences punishable under Sections 3(i)(b), 3(i)(s), 3(2), (VA) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 2.2.2017 passed by Special Judge, SC/ST Act, Patna. Allegation against the appellant, who is a lady, is of abusing the informant by taking her caste name. Submission of learned counsel for the appellant that she has purchased the land and constructed house and neithbour of the informant and, as such, occurrence has taken place. Earlier also such type of case has been lodged by informant which was found false by police after investigation. Further submission is that allegation of abuse is not in public place rather in house. Heard learned Special P.P., who has opposed the prayer

Patna High Court CR. APP (SJ) No.3064 of 2017 (3) dt.22-11-2017 2/2 for pre-arrest bail.

Having heard both sides and considering the facts and circumstances of the case and also considering the fact that appellant is a lady, the appeal is allowed and the impugned order is set aside.

Let appellant, above named, surrender within a period of six weeks and on her so surrendering she shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, SC/ST Act, Patna, in connection with Parsa Bazar P.S.Case No. 228 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further conditions as follows :

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (2) Appellant will co-operate in investigation of the case and appear before the Investigating Officer as and when required, failing which her bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U