Sankeshiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.803 of 2021 Arising Out of PS. Case No.-309 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

SANKESHIYA DEVI W/o- Shri Ramakant Mahto 2.

NEHA KUMARI D/o- Shri Ramakant Mahto Both Resident of Village - Tirbirwan, P.O. - Bhitbherwan, P.S. - Gopalganj. District - Gopalganj, State - Bihar. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pratyush Kumar For the Respondent/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2021 Let the defects be removed within four weeks. 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 against the refusal of prayer for bail by order dated 27.08.2020 in Gopalganj P.S.Case No.309 of 2020 passed by the learned 1st Additional District and Sessions Judge, Gopalganj registered under Sections 364,506,504/34 of the Indian Penal Code and Section 3(1)(r),3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants, who are females, and male inmates of the house are suspected to have kidnapped Basant Kumar, the brother of the informant. Appellants are in custody since 02.06.2020. Investigation of the case against the appellants is closed.

Patna High Court CR. APP (SJ) No.803 of 2021(2) dt.09-03-2021 2/2 Considering no sufficient material against the appellants for further detention, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellants shall fully cooperate with the investigation/trial of the case and also the appellants shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T