Shobha Devi @ Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No. 3145 of 2018 Arising Out of PS.Case No. -207 Year- 2018 Thana -BARACHATTI District- GAYA =========================================================== Shobha Devi @ Kumari wife of Sri Jagdish Yadav, resident of Village - Tetaria, P.S. Barachatti, District Gaya.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Shashank Shekhar For the Respondent/s : Mr. Sadnand Paswan, S.P.P. 246 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-10-2018 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 vide order dated 07.06.2018 in ABP No. 85 of 2018 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya in connection with Barachatti P.S. Case No. 207 of 2018 registered under Sections 342, 323, 354B, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3(i)(r)(w) of the SC/ST Act.

Considering the fact that offences of the Indian Penal Code are bailable and the appellant is a female, let the appellant, above named, in the event of her arrest or surrender before the Court

Patna High Court CR. APP (SJ) No.3145 of 2018 dt.06-10-2018 2/2 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

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

(Birendra Kumar, J) Kundan/Rajan AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 09.10.2018 Transmission Date 09.10.2018