Aasha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2791 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- BALIYA District- Begusarai ====================================================== AASHA KUMARI Wife of Rajdeo @ Rajdeo Yadav @ Debu Mistiri Resident of village - Ahiyari, P.S. - Kamtaul, Distt. - Darbhanga ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Narayan Singh, Adv.

For the Respondent/s :

Mrs.Usha Kumari 1, Spl.P.P.

For the informant :

Mr. Sarvottam Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2023 Heard learned counsel for the appellant, learned counsel for the informant and learned Spl.P.P. for the State. 2.

This is an appeal under section 14A(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 for anticipatory bail vide order dated 28.03.2023, passed by learned Exclusive Special Judge SC and ST (Prevention of Atrocities) Act, in connection with Ballia P.S. Case No.70 of 2023, G.R. No.31/2023, registered under sections 302/120(B) of the IPC and sections 3(2)(v) of SC/ST Act. 3.

As per the F.I.R., the appellant and her husband with the help of some criminals under a conspiracy committed the murder of the son of the informant by wrapping rope around his

Patna High Court CR. APP (SJ) No.2791 of 2023(3) dt.20-09-2023 2/3 neck as he used to demand his dues salary from the appellant's husband.

4.

It is submitted by learned counsel for the appellant that the appellant is innocent and has not committed any offence. No such occurrence as alleged ever taken place. Appellant has been falsely implicated in the case with frivolous allegation. It is submitted that no offence under the SC/ST Act is made out against the appellant as there is no specific overt act against the appellant to abuse the informant by taking caste name. It is further submitted that there is no eye-witness in the present case and merely on suspicion, the appellant has been made an accused. Appellant has no criminal antecedent. 5.

Learned Spl. PP for the State as well as learned counsel for the informant opposed the prayer for bail but fairly submitted that in the entire case diary, there is no specific overt act against the appellant and there is no eye-witness of the alleged occurrence.

6.

Considering the facts and circumstances of the case, the appellant named above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two

Patna High Court CR. APP (SJ) No.2791 of 2023(3) dt.20-09-2023 3/3 sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge SC and ST (Prevention of Atrocities) Act, in connection with Ballia P.S. Case No.70 of 2023, G.R. No.31/2023, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

7.

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

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