Kanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3523 of 2017 Arising Out of PS.Case No. -561 Year- 2017 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Kanti Devi, Wife of Sri Sanjay Mishra, Resident of Village- Ojhwalia, P.S.- Semara, District- West Champaran, at present Beind Project Girl High School, Bagaha, P.S.- Bagaha, District- West Champaran. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2018 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 by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), West Champaran at Bettiah, in connection with Bagaha Police Station Case No. 561 of 2017 registered under Sections 420/467/468/471/304/34 of the Indian Penal Code and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The F.I.R. reveals that it is a case of medical negligence on the part of Dr. Rajiv Kumar @ Dr. Rajiv Singh @
Patna High Court CR. APP (SJ) No.3523 of 2017 (2) dt.08-01-2018 P2/ Rajiv Kumar, who is co-accused of this case. The appellant had suggested the informant to go for treatment before Dr. Rajiv Kumar.
Considering the aforesaid fact 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 appeal stands allowed.
(Birendra Kumar, J) Mkr./- U T