Rohani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3199 of 2021 Arising Out of PS. Case No.-420 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Rohani Devi W/O Sanjay Prasad 2.

Sweety Kumari D/O Sanjay Prasad 3.

Surendra Kumar S/O Sanjay Prasad all R/O Village-Rudai, P.S-Wazirganj, District-Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Sinha, Adv.

For the Informant Mr. Kamal Kr. Sinha, Adv.

For the State :

Mr.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2021 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 07.04.2021 passed by learned Exclusive Special Judge SC/ST, Gaya in connection with Wazirganj P.S. Case No. 420 of 2020 registered under Sections 302, 201, 120(B)/34 of the Indian Penal Code and Sections 3 (i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by learned counsel for the appellants that appellants are innocent and have been falsely

Patna High Court CR. APP (SJ) No.3199 of 2021(4) dt.24-11-2021 2/2 implicated in this case. He submits that allegation levelled against the appellants is not specific rather general and omnibus in nature. He submits that appellants were also granted provisional bail vide order dated 26.08.2021. He further submits that appellants bear no criminal antecedent as stated in para-3 of this petition.

Learned Spl. PP for the State and informant opposed the prayer for bail submitting that there is specific allegation against the appellants.

Considering the facts and circumstances of the case, the provisional bail granted to the appellants vide order dated 26.08.2021 is cancelled.

If the appellants surrender before the learned court below within four weeks and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T