Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3870 of 2019 In CRIMINAL MISCELLANEOUS No.49796 of 2019 Arising Out of PS. Case No.-1136 Year-2018 Thana- COMPLAINT CASE District- Jamui ====================================================== PUJA KUMARI W/o Shri Mukesh Kumar Resident of Village - Bodhwan Talab, P.O. and P.S.- and Dist.- Jamui.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dilip Kumar Das Son of Late Sahdeo Das Resident of Village - and P.O. and P.S.- Girdhour, Dist.- Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pramod Rajpati, Advocate.

For the Respondent/s :

Mr.Usha Kumari 1, Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-02-2020 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 vide order dated 13.06.2019 by the learned 1st Addl. Sessions Judge, Jamui in Jamui Complaint Case No. 1136(c) of 2018 registered under Sections 323, 341 and 504 of the Indian Penal Code and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the nature of allegation and the fact that the appellant is a female as well as law gives special protection

Patna High Court CR. APP (SJ) No.3870 of 2019(6) dt.28-02-2020 2/2 to the female in the matter of consideration of prayer for anticipatory bail, let the appellant, above named, in the event of her 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 Cr.P.C as well as following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T