Ragini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5498 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== RAGINI DEVI Wife of Udai Sahani Resident of Village-Manki, P.S.- Hathauri, District-Muzaffarpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Parasmani For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2019 By way of this memo of appeal, preferred under Section 14(A)(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities )Act, appellant seeks for setting aside the order dated 18.10.2019, passed in Hathauri P.S. Case No. 117 of 2019 for the offences punishable under Sections 1341, 342, 323, 325, 354, 379, 504, 506 and 34 of the Indian Penal Code and Section 3(1)(r) of SC/ST Act, by the learned 6th Additional Sessions Judge -cum-Special Judge SC/ST Act, Muzaffarpur, whereby and whereunder, appellants' application for grant of anticipatory bail has been rejected. Allegation against the appellant is that she caught hold of the informant and other accused persons assaulted him and other accused persons abused the informant and her husband by caste name and the appellant took away nose ring and anklet.

Patna High Court CR. APP (SJ) No.5498 of 2019(2) dt.13-12-2019 2/2 It has been submitted on behalf of the appellant that she is lady and has falsely been implicated in this case and only general and omnibus allegation has been levelled against and so far allegation of abusing the informant and her husband by caste name is concerned, the same is attributed to other accused persons of this case.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of her arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousands) each with two sureties of the like amount each to the satisfaction of learned learned 6th Additional Sessions Judge -cum-Special Judge SC/ST Act, Muzaffarpur, in connection with Hathauri P.S. Case No. 117 of 2019, subject to the conditions laid down under Section 438 (2) of Cr.P.C.

(Vinod Kumar Sinha, J) sunilkumar/- U T