Rajo Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2702 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -SC/ST District- PURNIA ===========================================================
1. Rajo Devi, Wife of Bihari Sah.
2. Jaiwati Devi, Wife of Sonelal Sah.
3. Sita Devi, Wife of Madhusudan Sah.
4. Choti Devi, Wife of Harishchandra Sah.
5. Pinki Devi, Wife of Dinesh Sah.
6. Jhalo Devi, Wife of Ram Lal Sah, all are residents of Village- Gahil Sthan, P.O.- Dibra Bazar, Police Station- Barahara Kothi, District- Purnea.... Appellant/s
Versus
1. The State of Bihar. ... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Gyanand Roy, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-08-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 28.06.2018 in A.B.P. No.21 of 2018/C.I.S.21 of 2018 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge SC/ST, Purnea in connection with SC/ST P.S.Case No.
of registered under Sections 147,148,341,323,376,511,379,504,506 of the Indian Penal Code and Sections 3(i)(x)&(xi) of the Scheduled Castes and Scheduled Tribes Act.
The male accused persons were pressurizing the informant to work in their filed. Thereafter, there is general and
Patna High Court CR. APP (SJ) No.2702 of 2018 dt.24-08-2018 2/2 omnibus allegation that all the named accused persons including the appellants abused and assaulted by taking caste name. Appellants are female.
Considering the general and omnibus nature of allegation as well as statement of the appellants on oath that they have got no criminal antecedent, let the appellants, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date27.08.2018 Transmission Date 27.08.2018