Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3168 of 2017 Arising Out of PS.Case No. -294 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Indu Devi wife of Surendra Bhagat , resident of village Chargaha Kachahari Tola, P.S. Turkauliya, District East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Umesh Chandra Verma For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard the parties.

The appellant seeks pre arrest bail in connection with Turkauliya P.S.Case No.294 of 2017 registered for offences punishable under Sections 341, 323, 324, 307, 354B, 379, 504 and 509 of the Indian Penal Code and section 3(i)(x) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant is that she abused the informant by calling her 'Dian' and 'Churail'. Submissions of the learned counsel for the appellant is that she is a lady and allegation does not come under the purview of Section 3 of SC/ST (POA ) Act and other allegations are simple in nature as well as there is a counter case lodged by the side of the appellant.

Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.3168 of 2017 (2) dt.13-11-2017 2/2 Having considered both sides and in view of the submission, let the appellant in the event of arrest or surrender before the court of Special Judge within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, East Champaran at Motihari in connection with A.B.P. No.1511 of 2017 arising out of Turkauliya P.S.Case No.294 of 2017, subject to conditions as laid down under Section 438 (2) of Cr.P.C. after setting aside the order dated 21.7.

2017 passed by the learned 1st Additional Sessions Judgecum-Special Judge, SC/ST (POA) Act, East Champaran, Motihari in A.B.P. No.1511 of 2017 arising out of Turkauliya P.S.Case No.294 of 2017, subject to further conditions that appellant will co-operate in investigation of the case and will appear before the Investigating Officer as and when required, failing which her bail bond shall be liable to be cancelled.

With the above observation, this appeal is allowed. (Vinod Kumar Sinha, J) chn/- U T