Lalmuni Devi @ Lalmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3595 of 2018 Arising Out of PS.Case No. -226 Year- 2018 Thana -BHORE District- GOPALGANJ =========================================================== Lalmuni Devi @ Lalmati Devi W/o Omprakash Gupta, R/o Vill.- Rakaba , P.S.- Bhore , District- Gopalganj (Bihar).

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Umesh Kumar Singh For the Respondent/s : Smt. Usha Kumari No.-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 08-10-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 10.08.2018 in Bhorey P.S. Case No. 226 of 2018 passed by the learned 1st Additional Sessions Judge, Gopalganj, in connection with the aforesaid case registered under Sections 302, 201 of the Indian Penal Code as well as Section 3(2)(v) of the SC/ST Act. The murder of the son of the informant was committed by unknown person. The appellant and one more coaccused is under suspicion to have committed the murder. Submission of the learned counsel for the appellant is

Patna High Court CR. APP (SJ) No.3595 of 2018 dt.08-10-2018 2/2 that the appellant is a female having no criminal antecedent. She is in custody since 08.07.2018. There is no witness of the occurrence. Considering the entire facts especially the fact that only material against the appellant is suspicion and appellant is a lady, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

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

(Birendra Kumar, J) Kundan/Rajan AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 09.10.2018 Transmission Date 09.10.2018