Komal Kumari @ Sonam Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2467 of 2018 Arising Out of PS.Case No. -32 Year- 2018 Thana -PURANHIA District- SHEOHAR ===========================================================

1. Komal Kumari @ Sonam Raj, W/o Sahil Kumar, resident of VillagePurnahiya, P.S.- Purnahiya, District- Sheohar. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Prabhat Kumar, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-08-2018 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 against the refusal of prayer for bail vide order dated 09.05.2018 passed by the learned Additional Sessions Judge 1st -cum-Special Judge (S.C./S.T. Act), Sheohar, in connection with Purnahiya Police Station Case No.32 of 2018, registered under Sections 302/201/120B of the Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to FIR, murder of Rajiv Kumar Ram was committed for the reason that Rajiv Kumar Ram had some affairs with the sister of the husband of this appellant.

Patna High Court CR. APP (SJ) No.2467 of 2018 dt.06-08-2018 P2/ The sister of the husband of this appellant has stated before the police that in fact husband of this appellant had assaulted to the deceased and as a result whereof he died. Learned counsel for the informant opposed the prayer on the ground that some witnesses have stated that this appellant was also involved in assault to the deceased.

Considering the conflicting material coming during investigation as well as the fact that the appellant is a female, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

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

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date08.08.2018 Transmission Date 08.08.2018