Manorma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.316 of 2018 Arising Out of PS.Case No. -375 Year- 2017 Thana -FATEHPUR District- GAYA ======================================================

1. Manorma Devi Wife of Suresh Paswan, Resident of VillageRaghunathpur, P.S.-Fathepur District Gaya (Bihar). .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Bachan Jee Ojha For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 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 regular bail by the learned Special Judge (S.C./S.T.), Gaya in Fatehpur P.S. Case No. 375 of 2017 registered under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act as well as Section 3(2)(v) of the SC/ST Act.

Thirteen persons are named in the FIR including the appellant with allegation that they dragged to the husband of the informant and subsequently committed murder. Submission of the learned counsel for the appellant is that the informant is neither an eyewitness of the

Patna High Court CR. APP (SJ) No.316 of 2018 (2) dt.16-02-2018 2/2 occurrence of dragging away nor the commission of murder. The appellant is a female and she is in custody since 27.10.2017. Considering substance in the aforesaid submission, let the appellant, above named, 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 learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T