The High Court allowed an appeal under the SC/ST Act against a bail rejection order. It directed that the appellant be enlarged on bail upon furnishing a bond with two sureties, setting aside the lower court's order.
The appellant is directed to be enlarged on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3594 of 2019
Arising Out of PS. Case No.-225 Year-2015 Thana- LAXMIPUR District- Jamui
======================================================
Savitri Devi Wife of Shankar Ravidas Resident of Village - Sewa, P.S.Gidhaur, Distt - Jamui.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Umesh Prasad For the Respondent/s : Mr. Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
2 28-08-2019
Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 08.08.2019 passed by learned 1st Addl. District & Sessions Judge, Jamui in Laxmipur (Gidhaur) P.S. Case No. 225 of 2015 registered under Section 302/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Son of the informant is said to have been kidnapped by Pintu Yadav along with three unknown miscreants. Preceding to the occurrence, Khiro Yadav and
Patna High Court CR. APP (SJ) No.3594 of 2019(2) dt.28-08-2019 2/3
Chulhaya Paswan had extended threatening of dire consequence to her son.
It is submitted by learned counsel for the appellant that the appellant is not named in the FIR. She has no concern with the aforesaid occurrence. She has been falsely implicated in this case due to animosity. There is no cogent incriminating material on record indicating complicity of the appellant in the occurrence barring the confessional statement of Gujari Devi @ Gunjary Devi recorded during the course of investigation, which has no evidentiary value in the eye of law. Appellant happens to be lady having no criminal antecedent and has been languishing in custody since 08.08.2019. Said Gujari Devi @ Gunjary Devi has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 30.08.2016 passed in Cr. Misc. No. 28624 of 2016. Moreover, said Gujari Devi has been acquitted on trial and similarly situated co-accused, namely, Anil Das has been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 10.04.2018 passed in Cr. Appeal (SJ) No. 882 of 2018 while Pappu Das @ Pappu Ravidas @ Pappu Kumar and Ganesh Ravidas @ Ganesh Das have been enlarged on bail by this Court vide orders dated 24.04.2019 and 09.08.2019 passed in Cr. Appeal (SJ) Nos. 1535 of 2019 and
Patna High Court CR. APP (SJ) No.3594 of 2019(2) dt.28-08-2019 3/3
3295 of 2019, respectively.
Learned Spl. PP for the State opposed the prayer
for bail.
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 1st Addl. District & Sessions Judge, Jamui in connection with Laxmipur (Gidhaur) P.S. Case No. 225 of 2015.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
2 issues framed by the court
Whether the appeal under Section 14(A)(2) of the SC/ST Act against the rejection of bail should be allowed.
Whether the appellant's non-naming in the FIR and lack of incriminating material warrant her enlargement on bail.
3 provisions across 2 enactments
Savitri Devi
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
