Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5530 of 2019 Arising Out of PS. Case No.-174 Year-2013 Thana- KHAGARIA District- Khagaria ====================================================== 1.

SABITA DEVI Wife of Jai Jai Ram Mahto 2.

Gita Devi Wife of Late Kishore Mahto All Resident of Village - Mathurapur, P.S. and District- Khagaria ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajesh Kumar, Adv For the Respondent/s :

Mrs.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-02-2020 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 order dated 01.10.2019 in A.B.A. No.40 of 2019 passed by the learned Addl. Sessions Judge-1st, Khagaria in connection with Khagaria P.S.Case No. 174 of 2013 registered under Sections 341,323,324,379,504,506/34 of the Indian Penal Code and Sections 3(x) of the Scheduled Castes and Scheduled Tribes Act.

Offences of the Indian Penal Code alleged against the appellants are mostly bailable. The specific allegation is against the male family members of the appellants.

Patna High Court CR. APP (SJ) No.5530 of 2019(3) dt.06-02-2020 2/2 Considering the aforesaid facts especially the fact that the appellants are female, let the appellants, above named, in the event of their 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) each 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 further the appellants 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 appellants.

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

(Birendra Kumar, J) Nitesh/- U T