Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5564 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- SC/ST BAGHA District- West Champaran ====================================================== NEELAM DEVI Wife of Santosh Sah Resident of Village- Chakhani, P.SBagha, District- West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bhagya Narain Gupta, Adv For the Respondent/s :

Mrs.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2020 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 26.11.2019 in A.B.P. No.2603 of 2019 passed by the learned 1st Additional District and Sessions Judge-cumSpecial Judge, SC/ST/POCSO, Bettiah, West Champaran in connection with Bagha SC/ST P.S.Case No. 17 of 2019 registered under Sections 341,323,354,379,504,506/34 of the Indian Penal Code as well as under Sections 3(i)(r)(s)(w)(1)(2) (v-a) of the Scheduled Castes and Scheduled Tribes Act. Since the main allegation is against the husband of the appellant and there is no specific allegation against the appellant, let the appellant, above named, who has got no

Patna High Court CR. APP (SJ) No.5564 of 2019(3) dt.20-02-2020 2/2 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 and further the appellant shall fully cooperate with the investigation/trial of the case and also the appellant shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

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

(Birendra Kumar, J) Nitesh/- U T