Juli Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2371 of 2018 Arising Out of PS. Case No.-606 Year-2017 Thana- BIHTA District- Patna ======================================================

1. Juli Kumari, W/o Bablu Kumar, R/o Vill.- Sikandarpur, P.S.- Bihta, District- Patna.

2. Guria Devi, W/o Vijay Kumar, R/o Vill.- Raghopur, P.S.- Bihta, District- Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Usha Kumari Singh For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 10-08-2018 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) Amendment Act, 2015 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 30.05.2018 passed by the learned Additional Sessions Judge-Vcum-Special Judge, S.C./S.T. Act, Patna in A.B.P. No.3662 of 2018, arising out of Bihta Police Station Case No.606 of 2017 registered under Sections 147, 148, 149, 447, 341, 323, 354, 379, 406, 420, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act as well as Section 3 (1)(r)(s)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.2371 of 2018 dt.10-08-2018 2/2 The main allegation of commission of abuse and taking signature of the complainant on stamp paper is against co-accused, Bablu Kumar, who is the husband of appellant No.1, Juli Kumari. There is general and omnibus allegation of commission of abuse and assault against the appellants. The appellants are female and they have stated on oath that they have got no criminal antecedent. Hence, let the appellants, above named, in the event of their 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 bonds of Rs.

20,000/- (Rupees Twenty Thousand) each 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 appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR CAV DATE Uploading Date Transmission Date