Patna High Court - Orders
Mangli Devi & Ors vs The State Of Bihar on 24 July, 2017
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2104 of 2017
Arising Out of PS.Case No. -53 Year- 2017 Thana -SABAUR District- BHAGALPUR
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1. Mangli Devi Wife of Satya Narayan Pandit
2. Bijli Devi Wife of Mani Lal Pandit
3. Putul Devi Wife of Mantu Pandit All Resident of Village- Bada
Daharpur, P.S. Goradih in the District of Bhagalpur.
.... .... Appellant/s
Versus
1. The State of Bihar
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Braj Nandan Kumar Tiwary
For the Respondent/s : Mr. Sri Sadanand Paswan
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
2 24-07-2017The appellants seek pre arrest bail in connection with Sabour (Goradih) P.S. Case No. 53 of 2017, registered for offences punishable under Sections 147, 149, 341, 323, 342, 354(A), 354(B), 355, 307, 504, 506 and 506 of the Indian Penal Code and section 3(iii)(xi) of SC/ST Act.
Allegation against the appellants that they along with others assaulted the informant and one Ranjit Paswan and also abused Ranjit Paswan by taking his caste name and, thereafter, they forcibly removed their hair and put garland of shoes and moved them around the village.
It has been submitted on behalf of the appellants that all the appellants are lady members and has falsely been implicated in this case. Further investigating agency after investigation has not found the allegations true against other co-accused under SC/ST Patna High Court CR. APP (SJ) No.2104 of 2017 (2) dt.24-07-2017 2/2 Act and with regard to these appellants the case is pending. Further only general and omnibus allegation has been levelled against these appellants. It has also been submitted that said Ranjeet Paswan and one Raja was found in the house of the informant, for which the villagers objected and a scuffle took place between the parties, for which the present false case has been lodged.
Heard learned Special P.P. also.
Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellants, as such, this appeal is not maintainable.
Let appellants surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellants that no specific overt act has been attributed to them and also after considering the fact that all the appellants are ladies, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court.
With the above observation, this appeal is disposed of.
(Vinod Kumar Sinha, J) sunil/-
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