Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2066 of 2020 Arising Out of PS. Case No.-270 Year-2020 Thana- BAGHA District- West Champaran ====================================================== SUNITA DEVI Wife of Sri Raju Sahani @ Ajay Chaudhary @ Ajay Kumar Resident of Village - Narainapur, Ward No.05, Police Station - Bagaha Pathkholi, O.P., District- West Champaran.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Kaushal Kishor For the Respondent/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the appellant and the State through virtual mode.
Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The matter relates to grant of anticipatory bail to the appellant in connection with Bagaha Pathkholi P.S. Case No. 270 of 2020 registered for the offences under Sections 147, 149, 342, 323, 324, 504, 506 of the Indian Penal Code and Sections 3(1)(r)(s)(w) of the SC/ST (POA) Act.
Allegedly, on the alleged date and time of occurrence, the accused persons came and got fell her down on the road. It is further alleged that the accused persons gave Chhura blow on
Patna High Court CR. APP (SJ) No.2066 of 2020(3) dt.19-03-2021 2/3 the neck as a result of which, the informant sustained injury. It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. General and omnibus allegation has been made against the appellant. The appellant belongs to SC/ST category. Hence no offence under the provisions of SC/ST Act is made out against the appellant. The matter has already been compromised between the parties. The appellant is a lady. On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.
In view of the aforesaid facts and circumstances, the order dated 08-09-2020 passed by learned Additional District & Sessions Judge-Ist-cum-Special Judge, SC/ST Act, Bettiah, West Champaran in Bagaha Pathkholi P.S. Case No. 270 of 2020 is set aside. The present Criminal Appeal is allowed. Accordingly, let the appellant, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. APP (SJ) No.2066 of 2020(3) dt.19-03-2021 3/3 satisfaction of learned Additional District & Sessions Judge-Istcum-Special Judge, SC/ST Act, Bettiah, West Champaran in connection with Bagaha Pathkholi P.S. Case No. 270 of 2020. (Sudhir Singh, J) A.K.V.//- U T