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Patna High CourtCR. APP (SJ)/2270/2018allowed

Rajmaniya Devi v. The State Of Bihar

2018-08-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2270 of 2018 Arising Out of PS.Case No. -100 Year- 2017 Thana -GOH District- AURANGABAD ===========================================================

1. Rajmaniya Devi, W/o Ashok Kumar, R/o Vill. - Ranapur, P.S. - Rampur Chauram, Disrict - Arwal (Bihar) .... .... Appellant/s

Versus

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 09-08-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 08.06.2018 in Goh P.S. Case No. 100 of 2017 passed by the learned Special Judge S.C./S.T. (POA) Act, Aurangabad registered under Sections 341, 323, 504, 506, 420/34 of the Indian Penal Code as well as Sections 3(i)(r)3(i)(s), 3(i)(g), 3(2)(va) of the SC/ST Act.

The appellant is agnate of the informant and allegation is that just to cheat the informant, she had sold the land of the informant to the named person.

Learned Special Public Prosecutor opposed the prayer for bail.

Patna High Court CR. APP (SJ) No.2270 of 2018 dt.09-08-2018 2/2 Considering the nature of allegation and the fact that the appellant is a female and a member of the scheduled caste, let the appellant, above named, in the event of his 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 bond of Rs.20,000/- (rupees twenty thousand) 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 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 as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 13.08.2018 Transmission Date 13.08.2018