Dharmshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2078 of 2020 Arising Out of PS. Case No.-178 Year-2019 Thana- AKHODHIGOLA District- Rohtas ====================================================== DHARMSHILA DEVI (Female), aged about 38 years, wife of Shambhu Gupta @ Shambhu Kumar Sah, resident of Village- Chandi, P.S.- Akorhigola, District- Rohtas.

... ... Appellant

Versus

The State of Bihar.

... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr. Surendra Kumar Mishra, Advocate For the Respondent/s :

Ms. Usha Kumari-I, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-03-2021 Heard learned counsel for the appellant and learned Spl.P.P. 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 "S.C./ST Act") against the order dated 31.08.2020 passed by learned 1st Additional District & Sessions Judge, Sasaram, Rohtas, in connection with Akorhigola P.S. Case No.178 of 2019, registered for the offence under Sections 161, 162, 164, 166, 171, 172, 406, 409, 465, 467, 468, 506, 509 and 34 of the Indian Penal Code and under Sections 3(x) of the SC/ST Act, by which the Court below has rejected the prayer for anticipatory bail of the appellant.

Patna High Court CR. APP (SJ) No.2078 of 2020(3) dt.15-03-2021 2/2 The appellant is the Mukhiya of the Panchayat. Allegation has been made that she misappropriated the Government fund in connivance with other persons. When the informant objected the same, the appellant threatened him and also abused him by taking his caste name.

Looking to the nature of allegation, this Court is not inclined to grant anticipatory bail to the appellant. Accordingly, this appeal stands dismissed. However, if the appellant surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order in accordance with law without being influenced by the order of this Court. (Shivaji Pandey, J) pawan/- U T