Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4785 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Sarita Devi W/O Dinesh Paswan Village- Shivnar, Ps. Mokama, Dist. Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Radha Devi W/O Kaushal Paswan Village- Shivnar, Ps. Mokama, Dist. Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajesh Kumar Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 08.09.2023 passed by learned Exclusive Special Judge SC/ST Act, Patna in connection with Mokama P.S. Case No. 119 of 2023 instituted for the offences punishable under Sections 341, 323, 307, 34 of the Indian Penal Code. Later on Section 302 I.P.C and Sections 3(1)(r)(s) of the SC/ST Act whereby his prayer for being released on bail has been rejected.

It is a case of assaulting due to which the

Patna High Court CR. APP (SJ) No.4785 of 2023(3) dt.11-01-2024 2/3 father-in-law of the informant died.

It is submitted by learned counsel for the appellant that appellant is innocent and she has falsely been implicated in this case. The appellant is not named in the F.I.R and her name subsequently sprang up during the course of investigation. The appellant and the informant belong to the same caste, hence, the provision under SC/ST would not be attracted against the appellant. The son of the appellant has also lodged a case against the present informant. The appellant is lady and she is languishing in custody since 15.07.2023. In contra, learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 08.09.2023.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be

Patna High Court CR. APP (SJ) No.4785 of 2023(3) dt.11-01-2024 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Patna in connection with Mokama P.S. Case No. 119 of 2023(Special Case No. 146/2023).

(Sunil Kumar Panwar, J) Shageer/- U T