Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3158 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- PATORI District- Samastipur ====================================================== URMILA DEVI Wife of Lalbahadur Ray R/o village - Sirdilpur, P.S. - Patori, District - Samastipur.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Usha Devi Ram Lalit Rajak R/O Village-Sirdipur, P.S.-Shahpur Patori, District-Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Navnit Kumar For the Respondent/s :

Ms.Usha Kumari 1 Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2023 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.

This appeal has been preferred against the order dated 26.02.2018 passed by learned Special Judge, SC/ST (POA) Act, Samastipur in A.B.P. No.2319 of 2022 arising out of Shahpur Patory P.S. Case No.84 of 2022 registered under Sections 341, 323, 325, 379, 354, 447, 448, 504, 506 and 34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellant has been rejected. Learned counsel for the appellant submits that the

Patna High Court CR. APP (SJ) No.3158 of 2022(6) dt.18-05-2023 2/2 appellant is innocent and has falsely been implicated in this case. There is no specific allegation against the appellant, who is a lady. The appellant has got no criminal antecedent. Considering the facts and circumstances of the case as well as the submissions advanced on behalf of the parties , let the appellant, above named, in the event of her 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 personal bond to the satisfaction of Special Judge, SC/ST (POA) Act, Samastipur in A.B.P. No.2319 of 2022 arising out of Shahpur Patory P.S. Case No.84 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