Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4083 of 2018 Arising Out of PS. Case No.-203 Year-2015 Thana- MAJORGANJ District- Sitamarhi ====================================================== Usha Kumari, W/o Ramkishore Mahato, R/o Village- Ratanpur, P.S.- Mejorganj, District- Sitamarhi.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Awadhesh Kumar Pandey, Advocate For the Respondent/s :

Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 18-12-2018 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, against the refusal of prayer for anticipatory bail vide order dated 17.09.2018 passed by the learned Special Judge (S.C./S.T. Act), Sitamarhi, in A.B.P. No.1428 of 2018/301 of 2018, arising out of Mejorganj Police Station Case No.203 of 2015, registered under Sections 420/467/468/120B of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The complaint based FIR would reveal that the appellant was appointed as Anganbari Sahayika wrongly in collusion with other co-accused.

Patna High Court CR. APP (SJ) No.4083 of 2018 dt.18-12-2018 2/2 Allegation of commission of abuse etc. to the informant is against the appellant and other co-accused. Considering the facts of the case as well as the fact that appellant is a female, let the appellant, above named, 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 bail on furnishing bail bonds of Rs.20,000/- (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.

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

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.12.2018 Transmission Date 20.12.2018