Kamini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5622 of 2019 Arising Out of PS. Case No.-528 Year-2018 Thana- DHAKA District- East Champaran ====================================================== Kamini Devi W/o Late Jagat Raut @ Ram Jagat Raut Resident of VillagePatel Nagar, P.S.- Dhaka, District- East Champaran ... ... Appellant

Versus

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

For the Appellant :

Mr. Umesh Chandra Verma, Advocate For the Respondent :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 20-12-2019 Heard learned counsel for the appellant and learned Additional Public Prosecutor appearing on behalf of the State. The appellant is aggrieved by the order dated 04.12.2019 passed by learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, East Champaran at Motihari in A.B.P. No. 3403 of 2019 arising out of Dhaka P.S. Case No. 528 of 2018 registered for the offences under Sections 342, 447, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) and 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. The allegation against the appellant is that she has used language calling the caste name of the informant. Learned counsel for the appellant submits that the appellant has no criminal antecedent. Learned counsel submits that the occurrence took place at the residence of the informant and not in public view. As such, the provisions of the Scheduled Castes &

Patna High Court CR. APP (SJ) No.5622 of 2019 dt.20-12-2019 2/2 Scheduled Tribes (Prevention of Atrocities) Act are not attracted in the case.

So far as other allied sections of the IPC are concerned, learned counsel for the appellant submits that there is general and omnibus allegation against the appellant.

Considering the fact that the appellant is the lady; she has no criminal antecedent; the nature of the allegation and the submission that the occurrence did not take place in public view, this Court is inclined to grant the privilege of anticipatory bail to her. Let the petitioner, above-named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, East Champaran at Motihari in connection with Dhaka P.S. Case No. 528 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The appeal stands allowed.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.12.2019 Transmission Date 21.12.2019