Rina Devi @ Reena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5137 of 2019 Arising Out of PS. Case No.-291 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== Rina Devi @ Reena Devi W/O Raj Kumar Yadav R/O Village - Kevali, P.S. - Laxmipur, District - Jamui.

... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Dakhiya Devi W/O Sita Ram Tanti R/O Kenuhat, P.S - Laxmipur, District - Jamui.

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

For the Appellant/s :

Mr.Amit Narayan, Advocate Mr. Brajesh Sahay, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-02-2020 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 against the refusal of prayer for anticipatory bail vide order dated 01.10.2019 passed by the learned Additional Sessions Judge-I, Jamui, in connection with (Jamui) Laxmipur Police Station Case No.291 of 2019, registered under Sections 147/148/149/302/120B of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged on recovery of dead body of Mantu Tanti @ Abhash Kumar. Perusal of the entire FIR

Patna High Court CR. APP (SJ) No.5137 of 2019(4) dt.19-02-2020 2/2 reveals that only material against the appellant is suspicion to have involved in commission of murder. No motive or otherwise is alleged against the appellant. The appellant is a female. Hence, 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.

The appellant shall not leave the country without permission of the trial Court.

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

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