Savitri Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1567 of 2018 Arising Out of PS.Case No. -525 Year- 2017 Thana -BARBIGHA District- SEKHPURA ===========================================================

1. Savitri Devi, wife of Late Banshi Ram.

2. Gautam Kumar @ Gautam Ram, Son of Late Banshi Ram, Both are resident of Village Bhadarthi, P.S. Barbigha District- Sheikhpura. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Arun Kumar, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-07-2018 Heard learned counsel for the parties.

Appellant No.2-Gautam Kumar @ Gautam Ram has already been arrested in this case. Hence, his prayer for anticipatory bail is infructuous now.

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 18.01.2018 in A.B.P. (SC/ST) No.19 of 2017 passed by the learned 1st Additional District and Sessions Judge, Sheikhpura in connection with Barbigha P.S.Case No. 525 of 2017 SC/ST No.303 of 2017 registered under Sections 447,341,504,506,34 of the Indian Penal Code as well as under Sections 3(2)(Va)3(R)(S) of the Scheduled Castes and Scheduled Tribes Act.

The FIR would reveal that there is land dispute

Patna High Court CR. APP (SJ) No.1567 of 2018 dt.24-07-2018 2/2 between the parties and for that reason, the bailable offences of the Indian Penal Code was allegedly committed by the appellant. Considering the background and nature of allegation, let the appellant No.1, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) 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 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 impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date27.07.2018 Transmission Date 27.07.2018