Patna High CourtCR. APP (SJ)/136/2019dismissed

Sunita Devi And ORS v. The State Of Bihar

2019-03-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.136 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- SC/ST District- Jamui * ====================================================== 1.

Sunita Devi wife of Late Bhikhari Mistri 2.

Raju Kumar 3.

Roshan Kumar Both sons of Late Bhikhari Mistri All Residents of Village - Mahiyadda P.S.and District-Jamui. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Prakash Mahto For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-03-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 01.11.2018 passed by the learned Addl. Sessions Judge 1st , Jamui in ABP No. 853 of 2018 arising out of Jamui SC/ST P.S.Case No. 50 of 2018 registered under Sections 323, 341, 406, 420, 504 and 506/34 of the Indian penal Code and Sections 3(1)(r)/3(2)(a)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellants is that they made an

Patna High Court CR. APP (SJ) No.136 of 2019 dt.28-03-2019 2/2 agreement for sale of the land and taken Rs. 14,50,000/- for the same also but in spite of that they did not execute the sale deed and when informant demanded money back, he was abused by caste name and also assaulted him.

Submission of learned counsel for the appellants is that whole allegation is false and concocted and there is no paper to show payment of Rs. 14,50,000/- was made or not. Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to them rather they should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date