← Library
Patna High CourtCR. APP (SJ)/420/2018allowed

Sita Devi And ANR v. The State Of Bihar

2018-03-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.420 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -NARHAT District- NAWADA ======================================================

1. Sita Devi D/o Bhagwan Prasad @ Bhagwan Mahto, W/o Ashok Kumar.

2. Chanda Devi Wife of Bhagwan Prasad @ Bhagwan Mahto Both Resident of Village & P.S.-Sitamarhi, District-Nawada. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Krishna Deo Raj, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2018 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 by the learned Additional Sessions Judge 1st-cum-Special Judge, Nawada in Narhat Police Station Case No.177 of 2017 registered under Sections 307/323/341/504/306/34 of the Indian Penal Code and Sections 3(i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For trivial dispute the appellants allegedly participated along with others in the occurrence of abuse and assault. The appellants are female.

Considering the aforesaid facts, let the appellants,

Patna High Court CR. APP (SJ) No.420 of 2018 (3) dt.09-03-2018 P2/ above named, 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.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 Code of Criminal Procedure as well as condition that the appellants 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 appellants.

Accordingly, the appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T