Piryanka Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1284 of 2018 Arising Out of PS.Case No. -24 Year- 2017 Thana -SC/ST District- SITAMARHI ===========================================================
1. Piryanka Kumari, Wife of Raj Kishore Prasad, R/o Village- Kanahauli, P.S.- Kanahauli, District- Sitamarhi.
.... .... 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: 14-05-2018 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 by the learned 1st Additional Sessions Judge-cumSpecial Judge, S.C./S.T. Act, Sitamarhi in Sitamarhi SC/ST P.S. Case No. 24 of 2017 registered under Sections 341, 323, 354, 467, 468, 420, 504, 506/34 of the Indian Penal Code as well as Sections 3(i)(r)(w)(i) of the SC/ST Act.
The appellant was supervising in the matter of appointment of Angan Wari Sevika. The informant could not be selected on the said post. Rather wife of co-accused Ram Nihora Rai was selected, hence, allegation is against Ram Nihora Rai of commission of abuse by taking caste name of the informant. Ram Nihora Rai has already been allowed
Patna High Court CR. APP (SJ) No.1284 of 2018 dt.14-05-2018 2/2 anticipatory bail by this Court vide order dated 23.03.2018 passed in Cr. Appeal (SJ) No. 3609 of 2017 (Annexure-2).
Learned Special Public Prosecutor has opposed the prayer for bail.
In the circumstances, let the appellant who is a female, 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 and 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) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 15.05.2018 Transmission Date 15.05.2018