Bhagwania Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4607 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- SC/ST District- Patna ======================================================

1. Bhagwania Devi, w/o Shankar Mahto,

2. Usha Devi, W/o Rampravesh Maho @ Doman Mahto,

3. Saroj Devi, W/o Tunnu Mahto @ Dhunnu Mahto, All the residents of Chhoti Pahari, P.S. Agam Kuan, District- Patna.

... ... Appellants

Versus

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

For the Appellant/s :

Mr.Ajit Kumar, Advocate For the Respondent/s :

Mr.Binay Krishna, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-02-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 9.10.2018 passed by Additional District and Sessions JudgeIV, Patna, in A.B.P. No.7498 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in SC/ST/M P.S.Case No. 32 of 2018, registered under Sections 147, 148, 448, 341, 323, 307,379, 354B, 506 of the Indian Penal Code and Sections 3(i)(r)(w) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellants and other accused persons is of assaulting the informant and abusing her.

Submission of learned counsel for the appellants is that due to petty dispute scuffle took place between the parties and no specific allegation has been attributed against them and moreover they are ladies. Heard learned Special P.P.

Patna High Court CR. APP (SJ) No.4607 of 2018 dt.01-02-2019 2/2 Having heard both sides and in the facts and circumstances, let the appellants, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-IV, Patna, in connection with SC/STM P.S.Case No. 32 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellants shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, the appeal is allowed and the impugned order dated 9.10.2018 is set aside.

(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date