Sunita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3961 of 2018 Arising Out of PS. Case No.-203 Year-2018 Thana- ALOULI District- Khagaria ======================================================

1. Sunita Devi, wife of Nand Kishore Poddar

2. Ajay Poddar, son of Nand Kishore Poddar

3. Sonam Devi, wife of Ajay Podar All Resident of Village-Sumbha P.S. Allouli, Distt. Khagaria ... ... Appellants

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Bharat Bhushan, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 14.9.2018 passed by Additional Sessions Judge-I-cum-Special Judge, Khagaria, in A.B.P. No.65 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Allouli P.S.Case No. 203 of 2018, registered under Sections 341, 323, 379, 504, 34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the appellants is of snatching of gold chain and also assaulted wife of the informant.

Submission of learned counsel for the appellants is that cases are going on between the parties and police has not found the case true against the appellants of snatching gold chain.

Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, let the appellants, named above, be released on bail, in the event of arrest or

Patna High Court CR. APP (SJ) No.3961 of 2018 dt.05-02-2019 2/2 surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, Khagaria, in connection with Allouli P.S. case No. 203 of 2018, G.R.No. 1756 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellants shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, the appeal is allowed and the impugned order dated 14.9.2018 is set aside.

(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date