Champa Devi @ Champa Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3029 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- SC/ST District- Aurangabad ====================================================== 1.
CHAMPA DEVI @ CHAMPA KUMARI Wife of Devendra Singh Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad 2.
Fulwanti Kumari Daughter of Ram Pravesh Mahto Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad 3.
Soni Devi Wife of Sunil Mahto Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad 4.
Kamla Devi Wife of Kasheshwar Mahto Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad 5.
Santu Kumar Son of Kasheshwar Mahto Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad 6.
Mahendra Singh @ Mahendra Prasad Singh Son of Sakal Deo Singh Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad 7.
Bhola Kumar Son of Sakal Deep Thakur Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad 8.
Mahesh Mahto Son of Ram Karan Mahto Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad 9.
Bittu Kumar @ Ankush Kumar Son of Ramesh Mahto Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad 10.
Bunti Kumar @ Kundan Kumar Verma @ Kundan Kumar Son of Devendra Singh Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Chandeshwari Devi Wife of Ganishi Ram Resident of village - Ahiyapur, P.S.- Haspura, District - Aurangabad ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Bindeshwar Prasad Singh For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2023 In spite of valid service of notice on respondent no.2, nobody appears on her behalf.
Heard learned counsel for the appellants and learned
Patna High Court CR. APP (SJ) No.3029 of 2022(6) dt.18-05-2023 2/3 Special Public Prosecutor for the State.
This appeal has been preferred against the order dated 20.07.2022 passed by learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST), Aurangabad in A.B.P. No.1200 of 2022 arising out of Aurangabad SC/ST P.S. Case No.07 of 2022 registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 354B, 504, 506 of the Indian Penal Code and Sections 3(i)(r)(s)W(i)/3(2)(va),3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellants has been rejected.
Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in this case due to village politics. There is a case and counter case between both the parties.
Considering the above facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court CR. APP (SJ) No.3029 of 2022(6) dt.18-05-2023 3/3 of 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST), Aurangabad in A.B.P. No.1200 of 2022 arising out of Aurangabad SC/ST P.S. Case No.07 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Accordingly, the impugned order is set aside and the appeal is allowed.
(Arvind Srivastava, J) Harish/- U T