Allowed

Kanta Devi v. The State of Bihar

Patna HC28 Jan 2020CR. APP (SJ)/4993/2019

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the refusal of anticipatory bail. Viewing the female appellants as having only general opposition rather than specific allegations, the court reversed the lower court order and granted bail.

What did the court decide?

Appellants to be released on bail on furnishing bonds of Rs. 20,000 each with two sureties of the like amount each within 30 days.

Kanta Devi Vs The State of Bihar — Caste Atrocities | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4993 of 2019

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Arising Out of PS. Case No.-73 Year-2019 Thana- NAWADA MUFFASIL District- Nawada

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

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Kanta Devi W/o Lalttu Yadav

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Rekha Devi D/o Lalttu Yadav

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Both Resident of Village- Ambika Bigha, P.S.- Mofassil, District- Nawada.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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

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Appearance : For the Appellant/s : Mr. Pramod Kumar Verma, Advocate For the Respondent/s : Mrs. Usha Kumari 1, SPP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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5 28-01-2020 Heard learned counsel for the parties.

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This is an appeal under Section 14(A)(2) of the

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 14.10.2019 passed by the learned Additional Sessions Judge-I, Nawada, in A.B.P. No.1463 of 2019, arising out of Muffasil Police Station Case No.73 of 2019 registered under Sections 341/323/324/325 /354/ 308/504/506/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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Specific allegation of commission of assault with specified weapon is against the male accused persons, who are

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Patna High Court CR. APP (SJ) No.4993 of 2019(5) dt.28-01-2020 2/2

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named in the FIR. Appellants are females and are carrying general and omnibus allegation.

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Submission is that false implication is there due to village politics.

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Considering the fact that no allegation has been levelled against the appellants, who are females, let the appellants, above named, 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/- (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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants 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 appellants.

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

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(Birendra Kumar, J)

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Mkr./-

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U T

Kanta Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kanta Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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