Shobha Kumari @ Shobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1830 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana- BALIGAON District- Vaishali ====================================================== SHOBHA KUMARI @ SHOBHA DEVI D/o Ranjo Razak, W/o Anil Rajak Resident of Village-Chakjado, P.S-Baligaon, District-Vaishali. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sunil Kumar Singh, Advocate For the Respondent/s :
Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-12-2020 Heard learned counsel for the appellant and the State.
The appellant is aggrieved by the order dated 17.08.2020 passed by the Additional Sessions Judge-I-cumSpecial Judge, Vaishali at Hajipur in Baligaon P.S. Case No. 80 of 2020 registered for the offences under Sections 147, 148, 149, 341, 323, 324, 302, 120 IPC and Sections 3(i)(A) (r) (s), 3
(2) va of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for grant of regular on behalf of the appellant has been rejected.
Allegation against the appellant is that he used to consume luqior and commit nuisance.
Learned counsel appearing on behalf of the appellant would submit that the appellant has no criminal antecedent.
Patna High Court CR. APP (SJ) No.1830 of 2020(2) dt.01-12-2020 2/2 There is absolutely no allegation or role of any kind against the appellant in the murder case. The appellant is in custody since 10.7.2020.
Considering the fact that the appellant is lady, she is in custody since 10.7.2020, she has no criminal antecedent and there is absolutely no direct connection of this appellant in the commission of the crime, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 17.08.2020 is set aside.
Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum- Special Judge, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 80 of 2020. (Anil Kumar Upadhyay, J) spandey/- U T