Maltee Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4312 of 2018 Arising Out of PS. Case No.-207 Year-2016 Thana- DIDARGANJ District- Patna ====================================================== Maltee Devi, W/o Vinesh Singh, Resident of Village- Gulmahiachak, P.S.- Didarganj, District- Patna.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rudal Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 By way of this memo of appeal, preferred under Section 14(A)(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities )Act, 2016, appellant seeks for setting aside the order dated 09.02.2018, passed in Didarganj P.S. Case No. 207 of 2016 for the offences punishable under Sections 1341, 323, 307 and 34 of the Indian Penal Code and Section 3(1)(x) of SC/ST Act by the learned Special Judce SC/ST Actcum- Additional Sessions Judge -V, Patna, whereby and whereunder, appellant's application for grant of anticipatory bail has been rejected.

Allegation is that when the informant went to demand Rs. 10,000 given by him as a loan to Tuntun @ Kalu, then, the petitioner and others, who are family members of the said

Patna High Court CR. APP (SJ) No.4312 of 2018(3) dt.02-01-2019 2/2 Tuntun @ Kalu abused him by caste name and one of the coaccused also assaulted him by knife. It has been submitted on behalf of the appellant that she is a lady and the dispute arose between the parties with respect to money transaction and she has falsely been roped in the present case and no specific allegation has been attributed to the petitioner.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of her arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judce SC/ST Act-cum- Additional Sessions Judge -V, Patna, in connection with Didarganj P.S. Case No. 207 of 2016, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

(Vinod Kumar Sinha, J) sunilkumar/- U T