Allowed

Sharda Kumari v. The State of Bihar

Patna HC23 Feb 2021CR. APP (SJ)/1256/2020

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal against the rejection of anticipatory bail in an SC/ST case alleging caste-based abuse. The court set aside the lower order and granted bail, directing removal of defect(s) in the application.

What did the court decide?

Anticipatory bail granted upon furnishing bond of Rs. 10,000 and two sureties; order dated 26-02-2020 set aside; defect(s) in application to be removed within four weeks.

Sharda Kumari Vs The State of Bihar — Caste Atrocities | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1256 of 2020

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Arising Out of PS. Case No.-34 Year-2019 Thana- SC/ST District- Patna

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

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SHARDA KUMARI Wife of Sushant Kumar Azad Resident of Jawahar Colony Road No.- 1, Shanti Kunj, Postal Park, Chiraiyatard, Patna, P.S.Kankarbagh, District - Patna.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sushil Kumar Jha For the Respondent/s : Mr.Usha Kumari 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 23-02-2021 Heard the parties.

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Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

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The matter relates to grant of anticipatory bail to the appellant in connection with SC/ST Patna P.S. Case No. 34 of 2019 corresponding to Spl Case No. 472 of 2019 registered for the offences under Sections 341, 323, 354, 504/34 of the Indian Penal Code and Sections 3(1)(2)/3(2)(va) of the SC/ST Act.

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Allegedly, while the informant was going to attend the general body meeting of Bhumi Vikash Bank at Tara Mandal, some of the staffs of the Bank having criminal in nature were abusing the elected members and were abusing the staffs of the

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Patna High Court CR. APP (SJ) No.1256 of 2020(2) dt.23-02-2021 2/3

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bank. It is also alleged that one Raj Kumar pushed the informant and called her caste name. It is also alleged that the accused persons began to abuse and assault other bank staffs.

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It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. Altogether 12 persons are named in the FIR along with 10-12 unknown persons. The appellant is a lady. Prior to institution of the present case, an informatory petition was filed by the informant vide Annexure-3 to this application. The alleged occurrence has not taken place within the public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case.

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On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.

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In view of the aforesaid facts and circumstances, the order dated 26-02-2020 passed by learned Additional District & Sessions Judge-VIII-cum-Special Judge, SC/ST Act, Patna in SC/ST Patna P.S. Case No. 34 of 2019 corresponding to Spl Case No. 472 of 2019 is set aside. The present Criminal Appeal is allowed .

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Patna High Court CR. APP (SJ) No.1256 of 2020(2) dt.23-02-2021 3/3

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Accordingly, let the appellant, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions JudgeVIII-cum-Special Judge, SC/ST Act, Patna in connection with SC/ST Patna P.S. Case No. 34 of 2019 corresponding to Spl Case No. 472 of 2019.

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(Sudhir Singh, J)

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A.K.V.//-

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U T

Sharda Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sharda Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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