Allowed

Arti Devi v. The State Of Bihar

Patna HC29 Apr 2019CR. APP (SJ)/232/2019

Case brief

AI extract

What is this about?

This appeal sought bail under Section 14(A)(2) of the SC/ST Act for the appellant who was in custody without specific evidence implicating her. The High Court set aside the lower court's refusal and granted bail on a Rs. 10,000 bond with two sureties.

What did the court decide?

The impugned order refusing bail is set aside and the appellant is enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.

Arti Devi Vs The State Of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.232 of 2019 In

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CRIMINAL MISCELLANEOUS No.71977 of 2018

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Arising Out of PS. Case No.-330 Year-2018 Thana- HILSA District- Nalanda

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

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Arti Devi Wazir Paswan Resident of Village-Poora,PS-Telhara,DistrictNalanda

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Manager Sah For the Respondent/s : Mr.Sri Sanjay Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT

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Date : 29-04-2019

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Heard learned counsel for the appellant and learned

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Spl. P.P. for the State.

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This is an appeal under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, against the refusal of prayer for bail vide order dated 23.8.2018 passed by learned 1^st Additional Sessions Judges, Nalanda at Biharsharif in Hilsa P.S. Case No. 330 of 2018 registered under Sections 302, 120 (B) of the Indian Penal code, 27 Arms Act and Section 3 (ii)(b)(Va) of the S.C/ S.T. Act.

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Son of the informant was married with Suryamanti Devi @ Pinki Kumari and after the marriage she stayed in her matrimonial house for 15 days. In the meantime one boy namely

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Patna High Court CR. APP (SJ) No.232 of 2019 dt.29-04-2019 2/3

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Munna Prasad arrived there who was ousted by her in-laws. Thereafter, Suryamanti Devi @ Pinki Kumari went to her maternal house along with her brother and after couple of days she called the son of the informant and subsequently she telephoned that her son has been gun down by some unknown miscreants.

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It is submitted by the learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant happens to be the mother-in-law of the deceased. She has not played any role in the aforesaid occurrence and there is no eye witness of the occurrence. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Other co-accused namely Munna Prasad and Kanchan Pawan have been enlarged on bail by co-ordinate Bench of this Court. Appellant has no criminal antecedent and she happens to be a lady and has been languishing in custody since 25.5.2018.

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Learned Spl. P.P. for the State opposed the prayer for

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bail.

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In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Additional

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Patna High Court CR. APP (SJ) No.232 of 2019 dt.29-04-2019 3/3

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Sessions Judge-cum- Special Judge, Nalanda at Biharsharif in connection with Hilsa P.S. Case No. 330 of 2018.

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Accordingly, the impugned order is set aside and appeal

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is allowed.

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(Prakash Chandra Jaiswal, J)

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T.Kr./-