Devkala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.944 of 2018 Arising Out of PS.Case No. -253 Year- 2017 Thana -MANIGACHI District- DARBHANGA ======================================================
1. Devkala Devi wife of Laxmi Yadav resident of village - Gopalpur, Police Station - Manigachhi, District - Darbhanga. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Girish Chandra Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-04-2018 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 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Darbhanga, in connection with Manigachhi Police Station Case No.253 of 2017 registered under Sections 341/323/324/325/307/354/379/427/506/34 of the Indian Penal Code and Sections 3(i) (r)(s)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant was only present at the time of occurrence. Allegation of commission of abuse and assault is against other named persons. The appellant is a female.
Patna High Court CR. APP (SJ) No.944 of 2018 (2) dt.10-04-2018 P2/ Considering the aforesaid facts, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, the impugned order is set aside and appeal stands allowed.
(Birendra Kumar, J) Mkr./- U T