Meera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4944 of 2021 Arising Out of PS. Case No.-407 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== MEERA DEVI W/o Jitendra Sahani Resident of Village - Jhitkahiyan, P.S. - Lakhaura, District - East Champaran.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Runa Devi Wife of Mewalal Thakur Resident of Village-Jhitkahiya,P.SLakhaura,District-East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pramod Kumar Pandey For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-08-2022 Heard learned counsel for the appellant as well as learned counsel for the informant, besides learned Special P.P. for the State.

Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 20.10.2021, registered for the offences punishable under Sections 341, 323, 354, 307, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(r) (s) of SC and ST (Prevention of Atrocities) Act, whereby

Patna High Court CR. APP (SJ) No.4944 of 2021(3) dt.23-08-2022 2/3 the prayer for anticipatory bail of the appellant has been rejected.

At the outset, learned counsel for the appellant has submitted that the informant belongs to Lohar castes and by the recent notification of the State Government Lohar caste has been excluded from the schedule of the castes mentioned therein. He has submitted further that only allegation against the appellant is that she after catching the lock of the informant assaulted on her abdomen. There is case and counter case and as per paragraph no.3 of the appeal, the appellant is a lady of clean antecedent.

Learned counsel for the informant has opposed the prayer for bail and also submitted that the averment made in paragraph no.3 of the appeal is not true and the appellant has complicity in some other cases, except the present one. Considering the facts and circumstances, the appeal is allowed and the impugned order dated 20.10.2021 is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellant, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-

Patna High Court CR. APP (SJ) No.4944 of 2021(3) dt.23-08-2022 3/3 Special Judge, SC/ST Act, East Champaran, Motihari in connection with Muffasil (Lakhaura) P.S.Case No. 407 of 2021 with further condition that if any other case is found against the appellant, the learned court below shall be at liberty to cancel her bail bond.

Office shall ensure that all the defects are removed by the appellant within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T