Meena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2127 of 2020 Arising Out of PS. Case No.-67 Year-2019 Thana- SC/ST District- Darbhanga ====================================================== 1.
Meena Devi, aged about 62 years, female, W/O Matwar Yadav Resident of Village-Sonhan, P.S.-Kewati, District-Darbhanga. 2.
Matwar Yadav, aged about 67 years, Male, S/O Late Ramanandan Yadav Resident of Village-Sonhan, P.S-Kewati, District-Darbhanga. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ajay Kumar Jain, Adv.
For the Respondent/s :
Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-02-2021 Heard learned counsel for the appellants and counsel for the State.
The present appeal is directed against the order dated 16.6.2020 passed in A.B.P. No. 476 of 2020 whereby learned 1st Additional Sessions Judge cum Special Judge, Darbhanga has rejected the prayer for grant of anticipatory bail to the appellants in connection with Darbhanga SC/ST P.S. Case No. 67 of 2019 registered for offence under Sections 341, 323, 420, 465, 472, 354, 452, 455 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
In the present case, on the direction of the Magistrate, the complaint was forwarded to the police under Section 156(3) of
Patna High Court CR. APP (SJ) No.2127 of 2020(2) dt.26-02-2021 2/3 the Cr.P.C. and the case has been registered by the police wherein an allegation has been made that the accused persons came to the house of the Complainant and started hurling abuses by calling caste name and also tried to uproot the thatched house. On objection, the accused persons assaulted her and also tried to ravage her modesty. On Hulla, the accused persons fled away from there.
Learned counsel for the appellants submits that the appellants are wife and husband and have purposely made accused in this case on account of the fact that a case is going on along with the family members of the Informant with respect to the purchase and sale of land.
Looking to the entire facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge, Darbhanga in connection with Darbhanga SC/ST P.S. Case No. 67 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the appellants for investigation/interrogation, they will remain present and if they
Patna High Court CR. APP (SJ) No.2127 of 2020(2) dt.26-02-2021 3/3 would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T