Veena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4405 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- SC/ST District- Muzaffarpur ====================================================== VEENA DEVI Wife of Ajay Krishna Kumar Singh Resident of Village- Sain Chhapra Dewanand, P.S.- Kanti, District- Muzaffarpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-02-2020 None appears on behalf of the parties.

Perused the record.

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 16.08.2019 by the learned Special Judge, SC/ST (POA) Act, Muzaffarpur in SC/ST Muzaffarpur P.S. Case No. 30 of 2019 registered under Sections 147, 148, 149, 323, 420 and 406 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The complaint based F.I.R. would reveal that due to non-performance of agreement to sale immovable property, allegation has been levelled that the complainant was cheated by the appellant.

Patna High Court CR. APP (SJ) No.4405 of 2019(5) dt.10-02-2020 2/2 Since main allegation discloses a case of civil dispute and civil remedy is already there with the informant, 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) each 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