Asha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2525 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -SC/ST DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Asha Devi W/o Kainhaya Sah

2. Roshani Devi W/o Mukesh Sah

3. Panwati Devi W/o Tribani Sah

4. Shilpi Kumari D/o Binda Singh All R/o Sagar Matiya, P.S. Pipra, Distt. E. Champaran.

.... .... Appellants

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Dhannjay Kumar No 2 For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard learned counsel for the appellants.

This appeal has been filed for grant of pre-arrest bail in connection with Motihari P.S. Case No. 77 of 2017, registered for the offences punishable under Sections 341, 342, 323, 379, 504/34 of the Indian Penal Code and 3(i)(a)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 24.7.2017 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, East Champaran. Allegation against the appellants and other accused persons is of abusing the informant and also assaulting her. Submission of learned counsel for the appellants is that

Patna High Court CR. APP (SJ) No.2525 of 2017 (3) dt.06-11-2017 2/3 there is no specific allegation attributed against them, who are ladies and their names are mentioned in the FIR. Heard learned Special P.P. also.

Having heard both sides and in view of facts and circumstances, as stated above, this appeal is allowed and the impugned order is set aside.

Let the appellants, above named, surrender in the court below within a period of six weeks and on their so surrendering, they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional District Judge-I-cum-Special Judge, SC/ST Act, East Champaran, Motihari, in connection with SC/ST (Motihari) P.S.Case No. 77 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are as follows :

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Appellants will co-operate in investigation of the case and will appear before the

Patna High Court CR. APP (SJ) No.2525 of 2017 (3) dt.06-11-2017 3/3 Investigation Officer as and when required, failing which their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U