Reena Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36363 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -MAHILA P.S. District- MADHEPURA ====================================================== Reena Kumari,D/o Chhatu Rajak, resident of village- Maliya, Ward No.9 (Bharrahi) O.P. P. S- Madhepura, District- Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Abhinav Kumar, son of Satyendra Kumar, resident of village-Bhadaul, P. S. Madhepura ( Bharrahi O.P.) District-Madhepura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-08-2017 Heard learned counsel for the parties.

The petitioner seeks cancellation of bail granted to Opposite party No.2 by learned Special Judge, S.C./S.T. Act, Madhepura in B.P. No. 433 of 2017 in connection with Madhepura Mahila P. S. Case No. 5 of 2016, by an order, dated 16.05.2017.

The Opposite party No.2 has been made accused for the offences punishable under Sections 376, 313,323,506/34 of the Indian Penal Code and Section 3(i) (w) (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioner, in sum and substance, is aggrieved by order, dated 16.05.2017. She has a remedy of appeal under the provisions of Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act, 1989.

This application for cancellation of bail cannot be maintained and is, accordingly, rejected.

It goes without saying that the petitioner shall have the liberty to prefer appeal as permissible under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in accordance with law.

(Chakradhari Sharan Singh, J) ArunKumar/- U