Lalwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3163 of 2022 Arising Out of PS. Case No.-173 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Lalwati Devi Wife Of Yodha Sahni R/O Village- Chak Chauhani, Tola Khirwa, P.S.- Mehasi, District- East Champaran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Surendra Ram Son Of Late Jagdeo Ram R/O Village- Garahiya, P.S.- Madhuban, District- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

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

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-04-2023 Appellant's counsel is permitted to make necessary correction in ground No.2 of the memo of appeal in the course of the day.

Heard learned counsel for the Appellant and learned APP for the State.

No one appears on behalf of the Respondent No.2. The instant criminal appeal has been filed under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, against the order dated 16.08.2022 passed by learned Special Judge, S.C./S.T. Act, East Champaran at Motihari in connection with Madhuban P.S. Case No.173 of 2022 registered for the offences punishable under

Patna High Court CR. APP (SJ) No.3163 of 2022(7) dt.12-04-2023 2/3 Sections 363, 366A, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(r),(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and Section 8 of the POCSO Act by which the appellant's prayer for bail was rejected.

The main submissions advanced by learned counsel for the appellant are that the appellant was granted provisional bail by this Court in this appeal vide order dated 13.10.2022 and the appellant is still on the said provisional bail and so far as the allegation is concerned, the appellant is quite innocent and the so-called victim has been recovered and she has been medically examined and she has recorded her statement before Judicial Magistrate. Further submission is that as per medical expert's opinion the victim's age is between 18 to 20 years and before the Judicial Magistrate the victim did not support the prosecution's allegation made in the FIR.

Learned APP appearing for the State has opposed the prayer for bail of the appellant made in this appeal. Considering the above submissions, the provisional bail granted to the appellant vide order dated 13.10.2022 is hereby confirmed on the same bail bond taken under the said order as well as on the same conditions imposed under the said order.

Patna High Court CR. APP (SJ) No.3163 of 2022(7) dt.12-04-2023 3/3 Accordingly, the instant appeal stands allowed and the order impugned is hereby set aside.

(Shailendra Singh, J) sangam/- U T