Anita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1210 of 2018 Arising Out of PS.Case No. -146 Year- 2017 Thana -MAGADH UNIVERSITY District- GAYA ===========================================================
1. Anita Devi, W/o Munna Yadav.
2. Fulmati Devi, W/o Mahesh Yadav.
3. Daulati Devi, W/o Sarju @ Ravi Ranjan Yadav.
4. Munna Yadav, S/o Chanesh Yadav
5. Mahesh Yadav, S/o Ramdhan Yadav.
6. Manoj Yadav, S/o Mahesh Yadav, All resident - Gyan Khap, Balwa Tand, near Dobhi Road, P.S. Magadh University, Bodh Gaya, District- Gaya. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Ajay Kumar Sinha, Advocate For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-07-2018 Heard learned counsel for the parties.
This is an appeal under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, (hereinafter referred to as the "S.C./S.T. Act") against the refusal of prayer for anticipatory bail vide order dated 26.03.2018 passed in A.B.P. No.56 of 2018, by the learned Special Judge, S.C./S.T. Act, Gaya, in connection with Magadh University P.S. Case No.146 of 2017, registered under Sections 341, 323, 307, 379, 354, 504, 506/34 of the Indian Penal Code and Section 3(1) (R) (S) of the S.C./S.T. Act.
Patna High Court CR. APP (SJ) No.1210 of 2018 dt.03-07-2018 2/3 There is case and counter case. Specific allegation is against appellant No.4, Mahesh Yadav to have caused injury with Gandasa at the head of the informant. The Doctor has found simple injury on the head of the informant.
Since appellant No.4, Mahesh Yadav had knowledge that his act might cause death, hence, I am not inclined to enlarge appellant No.5, Mahesh Yadav on anticipatory bail. There is general and omnibus allegation against other appellants of commission of assault and abuse. Considering the case and counter case between the parties, and general and omnibus allegation, let the remaining appellants namely, (1) Anita Devi, (2) Fulmati Devi (3) Daulati Devi (4) Munna Yadav and (6) Manoj Yadav in the event of their 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.
Patna High Court CR. APP (SJ) No.1210 of 2018 dt.03-07-2018 3/3 appellants.
Accordingly, this appeal stands partly allowed and partly dismissed.
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