Vijayanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3137 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Vijayanti Devi W/O Narendra Singh R/O Village- Bairiya Dih, Ward No.06, P.S.- Harsiddhi, District- East Champaran.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Savita Devi wife of Laddu Hazra R/O- Bairiyadeh, Ghoghraha Tola, P.S.- Harsidhi, District- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Bimlesh Kumar Pandey For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

From perusal of the office notes, it appears that though notice has been validly served upon the respondent no. 2 but nobody appears on her behalf.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 10.06.2021, passed by learned Additional Sessions Judge 1st -cum-Special Judge (SC/ST Act), Motihari, East Champaran in connection with Harsiddhi P.S. Case No. 80 of 2021, registered under Sections 366, 368, 120B/34 of the IPC and Sections 3(i) (r) (S) of SC/ST

Patna High Court CR. APP (SJ) No.3137 of 2021(3) dt.01-11-2022 2/3 Act.

It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the appellant. He submits that the victim in her statement recorded under Section 164 Cr.P.C. has not supported the prosecution case. He submits that the victim girl being major, left her house out of her sweet will on account of love affairs with co-accused Amit Kumar and after her return she has stated regarding her marriage with co-accused. She has desired to live with her husband. He submits that the doctor has found her age to be 1819 years. He submits that the appellant is the neighbour of the victim girl. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal.

Considering the facts and circumstances of the case, let the above named appellant in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 the learned Additional Sessions Judge 1st -cum-Special Judge, East Champaran at Motihari in connection with Harsiddhi P.S.

Patna High Court CR. APP (SJ) No.3137 of 2021(3) dt.01-11-2022 3/3 No. 80 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

(Anjani Kumar Sharan, J) devendra/- U