Reena Devi @ Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1969 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- RAMPUR District- Gaya ====================================================== REENA DEVI @ MEENA DEVI W/o Niraj Yadav R/o village- Rampur, P.S.- Rampur, Distt.- Gaya ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Prithivi Raj Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-07-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 03.04.2019 passed by learned court of Exclusive Special Judge, SC/ST Act, Gaya in connection with Rampur P.S. Case No. 61 of 2019, registered under Sections 341, 323, 504, 379 of the Indian Penal Code and also under Section 3 (i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant happens to be landlady is said to have

Patna High Court CR. APP (SJ) No.1969 of 2019(3) dt.09-07-2019 2/3 intruded into the room of informant and slated her in the name of her caste threw her household articles and also assaulted her by means of rod and took away cash and other documents. It is submitted by the learned counsel for the appellant that no such occurrence as alleged ever took place. She has no concern with the aforesaid occurrence. As a matter of fact, six months of rent of appellant was fallen due to the informant and in order to grab the aforesaid rent of the appellant informant has lodged this false and frivolous case against the appellant. Injury sustained by the informant is simple in nature. Appellant is said to have slated the informant in the name of her caste intruding into her room and not in a public view, hence no offence under Section SC/ST Act is made out against the appellant. She happens to be a lady. She has no criminal antecedent.

Learned Spl. P.P. for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. APP (SJ) No.1969 of 2019(3) dt.09-07-2019 3/3 amount each to the satisfaction of the learned Court of Exclusive Special Judge, SC/ST (POA) Act, Gaya in connection with Rampur P.S. Case No. 61 of 2019, subject to condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) T.Kr./- U T