Sita Devi v. The State of Bihar
Case brief
What is this about?
Anticipatory bail / pre-arrest bail appeal, Patna High Court, partially allowed. Grounds discussed: criminal antecedents (three similar cases) as basis for refusing bail to appellant Nos. 7, 9, 10, 11; clean antecedents supporting bail for appellant Nos. 1-5; counter-blast allegation (Turkauliya P.S. Case No. 232 of 2023); land dispute and Section 107 Cr.P.C. proceeding with CO Banjariya order dated 15.09.2023; alleged caste-name abuse and assault dated 02.12.2023; SC/ST (Prevention of Atrocities) Act provisions; bail bond Rs. 10,000 with two sureties; eight weeks to surrender; Special Judge SC/ST (POA) Act, East Champaran, Motihari; ABP No. 6059 of 2023; East Champaran/Banjariya.
What did the court decide?
Appeal dismissed as withdrawn for appellant Nos. 6 and 8 and dismissed for appellant Nos. 7, 9, 10 and 11; appeal allowed and impugned order dated 14.12.2022 set aside only for appellant Nos. 1, 2, 3, 4 and 5, who are to be enlarged on bail, if arrested/surrendered within eight weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST (POA) Act, East Champaran, Motihari, in connection with ABP No. 6059 of 2023 arising out of Motihari SC/ST Police Station Case No. 67 of 2023.