Radhika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1979 of 2019 Arising Out of PS. Case No.-189 Year-2018 Thana- SIRDALA District- Nawada ====================================================== 1.

RADHIKA DEVI Wife of Karu Yadav Resident of Village - Jamunia, P.S.- Sirdalla, District - Nawada.

2.

Kaushalya Devi Wife of Arjun Yadav @ A.P. Yadav Resident of Village - Jamunia, P.S.- Sirdalla, District - Nawada.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Ramanand Choudhary Son of Late Jageshwar Choudhary Resident of Village - Jamunia, P.S.- Sirdalla, District - Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bhaskar Shankar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 16-05-2019 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 01.04.2019 passed by learned 1st Additional Sessions Judge, Nawada in connection with Sirdalla P.S. Case No. 189 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST (POA) Act, whereby the prayer for pre-arrest bail of the appellants has been rejected. Learned counsel appearing for the appellants submits that the appellants, who are of clean antecedent, are innocent and have not committed any offence. In fact, the co-

Patna High Court CR. APP (SJ) No.1979 of 2019 dt.16-05-2019 2/2 accused having more of less similar allegation have already been granted pre-arrest bail by a co-ordinate Bench of this Court in Cr. Appeal (S.J.) No. 4539 of 2019 and the case of these appellants stands on similar footing. Hence, the appellants may be granted the privilege of pre-arrest bail.

Considering the facts and circumstances of the case, let the above named appellants in the event of their surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge -cum- Special Judge, SC/ST (POA) Act, Nawada in connection with Sirdalla P.S. Case No. 189 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Accordingly, this appeal is allowed and the impugned order is set aside.

(Arvind Srivastava, J) brajesh/- Uploading Date Transmission Date