Disposed

Rukhi Devi @ Rukhiya Devi And Others v. The State of Bihar

Patna HC19 Aug 2024CR. APP (SJ)/2315/2024

Case brief

AI extract

What is this about?

Appeal under Section 14-A(2) SC/ST Act against refusal of anticipatory bail in a Dhangai P.S. case involving IPC, Arms Act and SC/ST Act offences. Appellants 2-7 withdrew the appeal; appellant No. 1, a woman with clean antecedents facing omnibus allegations, was granted anticipatory bail.

What did the court decide?

Anticipatory bail granted to appellant No. 1 on bonds of Rs. 5,000 with two like sureties, subject to Section 438(2) Cr.P.C. conditions; impugned order set aside qua her.

Rukhi Devi @ Rukhiya Devi And Others Vs The State of Bihar — Caste Atrocities | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2315 of 2024

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Arising Out of PS. Case No.-22 Year-2024 Thana- DHANGAI District- Gaya

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

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1. Rukhi Devi @ Rukhiya Devi, W/O Sanjay Yadav Village- Rebda, P.S.Dhangai, District Gaya

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Sanjay Yadav S/O Late Vasudev Yadav Village- Rebda,P.S.- Dhangai, DistGaya

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Kailu Yadav @ Kailash Yadav S/O Late Vasudev Yadav Village- Rebda,P.S.Dhangai, Dist- Gaya

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Munna Yadav @ Munna Kumar S/O Jagdev Yadav Village- Rebda,P.S.Dhangai, Dist- Gaya

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Bhimal Yadav @ Bhimlal Yadav S/O Ramdev Yadav Village- Rebda,P.S.Dhangai, Dist- Gaya

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Shibu Yadav S/O Late Komal Yadav Village- Rebda,P.S.- Dhangai, DistGaya

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Magan Yadav @ Mangan Yadav @ Chatardhari Yadav @ Chhataradhari Yadav S/O Late Madan Yadav @ Late Baula Modan Village- Rebda,P.S.Dhangai, Dist- Gaya

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... ... Appellant/s

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Versus

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The State of Bihar

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Kaushal Kumar S/O Sanjay Paswan R/O Village- Rebda,P.S.- Dhangai, DistGaya

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Kumar Nikhil For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 19-08-2024 1. Heard learned counsel for the appellants and learned Spl. P.P. for the State, Shri Sadanand Paswan.

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2. Learned counsel for the appellants, after arguing

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vehemently for some time realising his difficulty, seeks permission to withdraw the instant appeal with respect to appellant Nos. 2 to 7.

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Patna High Court CR. APP (SJ) No.2315 of 2024(3) dt.19-08-2024 2/3

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3. Permission is accorded.

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4. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 18-4-2024 in A.B.P. No. 116 of 2024 passed by the learned Exclusive Special Judge S.C./S.T., Gaya, in connection with Dhangai P.S. Case No. 22 of 2024 registered for the offences punishable under Sections 147, 148, 149, 325, 307, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act as well as Section 3(r)(x)(s) of the SC/ST Act.

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5. Learned counsel for the appellants submits that appellant No. 1 is a person with clean antecedent and is a woman and from perusal of allegation as alleged in the FIR, it would manifest that general and omnibus allegation is alleged against her. It is also submitted that no specific allegation of assault is alleged against the appellant No. 1. It is next submitted that appellant No. 1, being wife of Sanjay Yadav, has been falsely implicated in the instant case.

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6. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellant.

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7. Considering the aforesaid facts, let the appellant

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Patna High Court CR. APP (SJ) No.2315 of 2024(3) dt.19-08-2024 3/3

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No. 1, above named, in the event of her arrest or surrender before the learned trial court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with the aforesaid case, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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8. Accordingly, the impugned order is set aside with respect to appellant No. 1.

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9. The instant appeal is disposed of.

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(Satyavrat Verma, J)

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SUMIT/-

Rukhi Devi @ Rukhiya Devi And Others v. The State of Bihar

Case brief

What is this about?

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Rukhi Devi @ Rukhiya Devi And Others v. The State of Bihar

Case brief

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