Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.174 of 2018 Arising Out of PS.Case No. -151 Year- 2017 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Sangita Devi, W/o Tanik Yadav, resident of Village- Oiyab, P.S.- Asthawan, District- Nalanda.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Raj Kishor Prasad, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda, in Asthawan Police Station Case No.151 of 2017 registered under Sections 341/323/364/365/504/506/120B of the Indian Penal Code and Sections 3(i) (r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For some old differences the appellant and other family members have abused to the informant by taking caste name and attempted to assault.

The appellant is a female. The male co-accused have

Patna High Court CR. APP (SJ) No.174 of 2018 (2) dt.17-01-2018 P2/ already been allowed regular bail in this case and there is no material to substantiate that the occurrence took place in public view.

Considering the aforesaid facts, let the appellant, above named, in the event of her 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) 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.

Accordingly, the appeal stands allowed.

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