Patna High Court
Basmati Devi And Anr vs The State Of Bihar on 29 March, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.593 of 2019
Arising Out of PS. Case No.-592 Year-2018 Thana- MOTIHARI MUFASIL District- East
Champaran
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1. Basmati Devi
2. Raj kishore Sahani
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Umesh Chandra Verma, Advocate
For the Respondent/s : Mr.Sadanand Paswan, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL JUDGMENT
Date : 29-03-2019 Heard the parties.
The appellants seek anticipatory bail in connection with A.B.P. No. 3404 of 2018, registered for offences punishable under Sections 341, 342, 323, 504 and 506 of the Indian Penal Code and Section 3(i) (d) ( r) (s) of the SC/ST Act.
The allegation as per the F.I.R. against the appellants, who happens to be the wife and husband, is of assaulting and abusing the informant and her son and others and calling their caste name and when the informant protested. Further allegation is that the appellants and other co-accused persons have constructed toilet in her land.
Submission of the learned counsel for the appellants is that they have falsely been implicated in this case due to land dispute and only to give pressure on the appellants the present case has been lodged with concocted story and allegation of abusing is ornamental in nature and the appellants have no criminal antecedents.
Patna High Court CR. APP (SJ) No.593 of 2019 dt.29-03-2019 2/2 Heard learned Spl.P.P. Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1 st Additional Sessions Judge-cum- Special Judge, SC/ST (POA) Act, East Champaran at Motihari in connection with A.B.P. No. 3404 of 2018, subject to condition as laid down under Section 438 of CR.P.C. in With the aforesaid direction, this appeal is allowed and the impugned order is set aside.
(Vinod Kumar Sinha, J) sudha/-
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