Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3838 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== GEETA DEVI W/o Umesh Yadav Resident of Village - Bargshiya, P.S.- Bairiya, Dist.- West Champaran.

... ... Appellant/s

Versus

THE STATE OF BIHAR and another ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dhannjay Kumar No 2 For the Respondent/s :

AG For opposite party no.2 None ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-07-2022 Heard learned counsel for the appellant.

None appeared on behalf of respondent no.2, despite the notice having been issued.

Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 02.03.2021, passed by the learned 1st A.D.J.-cum-Special Judge, ST/SC (POA) Bettiah, West Champaran in connection with Bairiya P.S.case No. 337 of 2020, registered for the offences punishable under Sections 341, 323, 307, 224, 353, 504 and 506/34 of the

Patna High Court CR. APP (SJ) No.3838 of 2021(4) dt.21-07-2022 2/3 Indian Penal Code and Section 3(i)(r) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

The informant is the Police Officer. As per allegation he went to the house of the appellant who abused him by calling his caste name. The allegation against the appellant is that she along with other accused persons manhandled the informant due to which he sustained some injuries.

The provisions of SC/SC Act are not attracted prima facie. The petitioner is a lady.

Accordingly, the appeal is allowed and the impugned order dated 02.03.2021 passed by the learned 1st A.D.J.-cumSpecial Judge, SC/ST (POA) Bettiah, West Champaran is set aside. Let the appellant above named, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st A.D.J.-cum-Special Judge, SC/ST (POA) Act, Bettiah, West Champaran in connection with Bairiya P.S.Case No. 337 of 2020.

Office shall ensure that all the defects are removed by the appellant within the stipulated time provided in para 2

Patna High Court CR. APP (SJ) No.3838 of 2021(4) dt.21-07-2022 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T