Sunita Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1342 of 2018 Arising Out of PS.Case No. -105 Year- 2016 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ===========================================================

1. Sunita Devi, W/o Shree Kedar Yadav, Resident of Village Lavtoliya, P.S.- Alouli, District- Khagaria.

.... .... Appellant/s

Versus

1. The State of Bihar.

2. Jhila Devi, Wife of Ghanshyam Tanti, Resident of Village-Lavtoliya, P.S.- Alauli, District-Khagaria.

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

For the Appellant/s : Mr. Ranjeet Kumar Singh, Adv For the Respondent/s : Mr. Sadanand Paswan, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 14-05-2018 Heard learned counsel for the parties.

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 the learned Additional Sessions Judge 1st, Khagaria in connection with Complaint Case No.150C/2016 registered under Sections 341,504,354(B) of the Indian Penal Code as well as under Sections 3(i)(x) and 3(i)(xi) of the Scheduled Castes and Scheduled Tribes Act.

For land disputes, the complaint based allegation is general and omnibus against the appellant and other family members of commission of abuse and assault. The complainant

Patna High Court CR. APP (SJ) No.1342 of 2018 dt.14-05-2018 has admitted filing of civil suit in the statement under the solemn affirmation.

Considering the background and nature of allegation, let the appellant, above named, who is a female and having no criminal antecedent, 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 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date15.05.2018 Transmission Date 15.05.2018