Allowed

Parmila Devi @ Pramila Devi and Ors. v. The State Of Bihar

Patna HC5 Sept 2018CR. APP (SJ)/3047/2018

Case brief

AI extract

What is this about?

Special Judge allowed the appeal against refusal of anticipatory bail. Since the male appellant was already arrested, the court granted bail to the two female appellants on furnishing bonds subject to investigation cooperation.

What did the court decide?

Impugned order of refusal of anticipatory bail set aside; bail granted to the two female appellants on furnishing bonds with sureties.

Parmila Devi @ Pramila Devi and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.3047 of 2018

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Arising Out of PS. Case No.-44 Year-2018 Thana- SC/ST District- East Champaran

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======================================================

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Parmila Devi @ Pramila Devi, Wife of Laddu Sah @ Jagarnath Sah,

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Khushbu Kumari, Daughter of Laddu Sah @ Jagarnath Sah,

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Laddu Sah @ Jagarnath Sah, Son of Late Videshi Shah, All residents of Village- Baswariya, Police Station- Muffasil, District- East Champaran.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Shashi Bhushan Pandey For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date : 05-09-2018

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Heard learned counsel for the parties.

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This is an appeal under Section 14(A) of the Scheduled

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Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 11.07.2018 passed by the learned 1^st Additional Sessions Judge-cum-Special Judge, S.C./S.T. (P.O.A.) Act, East Champaran, Motihari in A.B.P. No.1560 of 2018, arising out of Motihari SC/ST Police Station Case No.44 of 2018 registered under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and Sections 3 (i) (g) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Patna High Court CR. APP (SJ) No.3047 of 2018 dt.05-09-2018 2/3

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Appellant No.3, Laddu Sah @ Jagarnath Sah has already been arrested in this case. Hence, his prayer for anticipatory bail has become infructuous now.

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Other appellants i.e. appellant No.1, Parmila Devi @ Pramila Devi and appellant No.2, Khushbu Kumari are females. There is general and omnibus allegation against male and female members of the family of commission of abuse and assault for land dispute.

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Considering the general and omnibus nature of allegation and the fact that both the aforesaid appellants i.e. appellant No.1, Parmila Devi @ Pramila Devi and appellant No.2, Khushbu Kumari are females, who have got no criminal antecedent, in the event of their 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/- (Rupees Twenty Thousand) each 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the

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Patna High Court CR. APP (SJ) No.3047 of 2018 dt.05-09-2018 3/3

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case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.

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Accordingly, the impugned order is set aside and this

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appeal stands allowed.

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(Birendra Kumar, J)

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abhishek/-

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Parmila Devi @ Pramila Devi and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Parmila Devi @ Pramila Devi and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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