Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3969 of 2018 Arising Out of PS. Case No.-98 Year-2018 Thana- PATORI District- Samastipur ====================================================== Tara Devi, Wife of Bindeshwar Singh, Resident of Village- Hasanpur Surat, P.S.- Patory, District- Samastipur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Sri Sadanand Paswan For the Complainant :

Mr. Vinay Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-12-2018 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, 2015 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 13.09.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Samastipur in Patory Police Station Case No.98 of 2018 registered under Sections 379, 406, 420, 323, 504/34 of the Indian Penal Code and Section 3(i)(r)(s)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The complainant had deposited the money with the referred company on persuasion of this appellant. However, the company did not refund the money.

Patna High Court CR. APP (SJ) No.3969 of 2018 dt.04-12-2018 2/2 Submission is that appellant is a female. She is neither agent of the company, nor she had deposited the money. On the other hand, learned counsel for the complainant submits that on persuasion and assurance of the appellant, she had deposited the money and subsequently, the appellant had promised to refund the money.

Considering the nature of allegation, 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. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.12.2018 Transmission Date 05.12.2018