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Patna High CourtCR. APP (SJ)/110/2018allowed

Sanauti Marandi @ Sonati Marandi v. The State Of Bihar

2018-02-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.110 of 2018 Arising Out of PS.Case No. -19 Year- 2016 Thana -SC/ST District- KISANGANJ ====================================================== Sanauti Marandi @ Sonati Marandi W/o Poulus, R/o Village- Dhekipara, P.S.- Paharkatta, in the District- Kishanganj. .... .... Appellant

Versus

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

For the Appellant/s : Mr. Navin Sharma, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Special Judge (S.C./S.T. Act), Kishanganj, in connection with Special Case No.53 of 2016 arising out of Kishanganj SC/ST Police Station Case No.19 of 2016 registered under Sections 370,371,374,376,506/34 of the Indian Penal Code, Section 5/6 of the Immoral Traffic Act and Section 3(i)W(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant is that she sold the informant to one Majloom at Malda and thereafter Majloom sold her to one Ujjawal Shekh at Jaipur. Ujjawal

Patna High Court CR. APP (SJ) No.110 of 2018 (3) dt.16-02-2018 Shekh is alleged to have sexually exploited her. Submission of the learned counsel for the appellant is that the entire allegation is false and frivolous. No complaint was lodged regarding what was done by the appellant against her apparently for the reason that on her request, she was put to some job and she voluntarily left the job.

Considering the fact aforesaid specially the fact that the appellant has got no criminal antecedent and she is a female as well as in custody since more than a year, 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) Nitesh/- U T