Sadhna Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3923 of 2021 Arising Out of PS. Case No.-86 Year-2019 Thana- SC/ST District- Rohtas ====================================================== SADHNA KUMARI Daughter of Vijay Singh Resident of Village - Bhusahula, P.S. - Darihat, District - Rohtas. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Surendra Kumar Mishra For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-08-2022 Heard learned counsel for the appellant.
Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.
This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 21.08.2021, passed by the learned Additional District and Sessions Judge1st-cum-Special Judge, Rohtas at Sasaram in connection with SC/ST Dehri P.S.Case No. 86 of 2019, Registered Case No. 249 of 2019, CIS No. 249 of 2019, registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and Sections 3(2) (Va) of the SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected. Learned counsel for the appellant has submitted that the appellant is a lady and there is allegation that she assaulted
Patna High Court CR. APP (SJ) No.3923 of 2021(4) dt.08-08-2022 2/2 four-year-old son of the informant. The mother of the appellant has not been sent up for trial. He has further submitted that the matter has been compromised between the parties. From perusal of the FIR, it transpires that the occurrence did not take place due to malicious feeling of caste. Considering the facts and circumstances, the appeal is allowed and the impugned order dated 21.08.2021 is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellant, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st A.D.J.-cum-Special Judge, Rohtas at Sasaram in Registered Case No. 249 of 2019, CIS No. 249 of 2019 in SC/ST Dehri P.S.Case No. 86 of 2019. Office shall ensure that all the defects are removed by the appellant within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) HR/- U T