Dr. Madhavi Singh @ Madhavi Singh @ Madhwi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2782 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== Dr. Madhavi Singh @ Madhavi Singh @ Madhwi Singh, W/o Sanjeev Ranjan Kumar Singh, Resident of Village- Chandgarh, P.S.- Nabinagar, DistrictAurangabad. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bhaskar Shankar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 30-08-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 28.05.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T.) Act, Aurangabad in Nabinagar Police Station Case No.71 of 2018 registered under Sections 341, 323, 504, 427/34 of the Indian Penal Code and Section 3 (i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation is that the appellant and others damaged the boundary wall of the informant and for that reason committed abuse and assault.

Patna High Court CR. APP (SJ) No.2782 of 2018 dt.30-08-2018 2/2 Submission is that the appellant is owner of the adjoining plot Nos.598 and 599. The informant has encroached upon the same taking advantage of the absence of the appellant, who is an Associate Professor in A.N.College, Patna.

Perused the supplementary affidavit.

Considering the background and nature of allegation, let the appellant, above named, who is a female, 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 bail on furnishing bail bond of Rs.20,000/- (Rupees 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, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate 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.

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