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Patna High CourtCR. APP (SJ)/2580/2018allowed

Chandrawati Devi v. The State Of Bihar

2018-08-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2580 of 2018 Arising Out of PS.Case No. -70 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ===========================================================

1. Chandrawati Devi W/o Mangru Singh, R/o Vill.- Sheopur Jhumak Tola, P.S.- Bikramganj, Distt.- Rohtas. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Amresh Kumar, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 18-08-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 24.05.2018 in A.B.P. No.171 of 2018 passed by the learned Additional Sessions Judge-I, Rohtas at Sasaram in connection with SC/ST Dehri P.S.Case No. 70 of 2017 registered under Sections 341,323,427,429,436,504,506,34 of the Indian Penal Code as well as under Sections 3(1)(r)(S)3(2)(iv)(iii) of the Scheduled Castes and Scheduled Tribes Act.

Male members of the family of the appellant are also accused in this case. Allegation of commission of assault and arson is general and omnibus.

Considering the general and omnibus nature of allegation as well as the fact that the appellant is a female, having no criminal antecedent, let the appellant, above named,

Patna High Court CR. APP (SJ) No.2580 of 2018 dt.18-08-2018 2/2 in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure and both bailors shall be resident of territorial jurisdiction of the learned court below and further 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) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date20.08.2018 Transmission Date 20.08.2018