Beena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2383 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- LODIPUR District- Bhagalpur ====================================================== Beena Devi, Son of Sri Shiv Mandal, Resident of Village- Laluchak Angari, Chhoti Bishahri Asthan, P.S.- Lodipur, District- Bhagalpur. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vivekanand Vivek For the Respondent/s :

Mr. Binay Krishna ====================================================== 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) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 07.06.2018 passed by the learned 3rd Additional Sessions Judgecum-Special Judge, S.C./S.T. Act, Bhagalpur in A.B.P. No.1016 of 2018, arising out of Lodipur Police Station Case No.57 of 2018 registered under Sections 341, 323, 324, 337, 325 of the Indian Penal Code and Sections 3(1)(r)/3(i)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission is that the F.I.R. would reveal that during occurrence of assault, the appellant allegedly instigated others.

Patna High Court CR. APP (SJ) No.2383 of 2018 dt.10-08-2018 2/2 The appellant is a female and she has stated on oath that she has got no criminal antecedent.

Hence, let the appellant, above named, 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 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.

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