Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2188 of 2020 Arising Out of PS. Case No.-261 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Meena Devi W/o Dinesh Chaudhary, Resident of Mohalla- Deep Nagar, P.S.- Adampur, District- Bhagalpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-01-2021 Heard learned counsel for the appellant and learned counsel for the State.

This appeal has been preferred under section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the order dated 09.09.2020 passed by 3rd A.D.J.-cum-Special Judge, SC/ST Act, Bhagalpur, whereby and whereunder the prayer of the appellant to grant her regular bail in connection with Jagdishpur P.S. Case No. 261 of 2020 registered for offence punishable under sections 304/34 of the Indian Penal Code and section 3 (i) (r) (s)/3(ii) (v/a) of SC/ST Act, has been rejected.

Allegation has been made that son of the informant has love relationship with the daughter of Ashish Raman and both fled away from their house. On the day of incident, the petitioner along

Patna High Court CR. APP (SJ) No.2188 of 2020(2) dt.06-01-2021 2/2 with her husband came to the house of the informant raising hue and cry whereupon the father of the informant came out and died on account of raising of the alarm.

Learned counsel for the appellant submits that there is nothing against the appellant, save and except, she had gone to the house of informant only for her daughter, on that account, the victim fell down and died. He further submits that no criminality attached to the petitioner.

Looking to the entirety of the matter, the impugned order dated 09.09.2020 is set aside and the appellant is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 3rd A.D.J.-cum-Special Judge, SC/ST Act, Bhagalpur in connection with Jagdishpur P.S. Case No. 261 of 2020, subject to the condition that one of the bailors of the appellant shall be a close relative. The appellant will not induce any witness or tamper with the evidence. The appellant shall cooperate in the disposal of trial and make herself available as and when required by the court. This order has been passed in presence of Mr. Binay Krishna, counsel for the State.

(Shivaji Pandey, J) Mahesh/- U T