Lakhapatiya Devi @ Lakhapati Devi vs The State Of Bihar
2021 Latest Caselaw 1994 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.1862 of 2020
             Arising Out of PS. Case No.-12 Year-2020 Thana- SC/ST District- Siwan
     ======================================================

1. LAKHAPATIYA DEVI @ LAKHAPATI DEVI, W/o Matichand Mahto

2. Dhrup Mahto @ Dhruv Mahto, S/o Yamuna Mahto

3. Kanchan Mahto, S/o Late Vandhu Mahto @ Bandhu Mahto

4. Most. Bedanti Devi @ Vedanti Devi, W/o Late Prabhu Mahto

5. Shanti Devi, W/o Dharmendra Mahto

6. Sanjay Mahto, S/o Yamuna Mahto

7. Dharmendra Mahto, S/o Late Vandhu Mahto @ Bandhu Mahto

8. Babita Devi, W/o Sanjay Mahto All R/o village - Dhanauti, P.S. - Siwan Muffasil (Dhanauti O.P.), District - Siwan.

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Satyendra Rai, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 03-05-2021

The matter has been taken up through virtual Court

proceeding.

Heard learned counsel for the parties.

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 21.08.2020 in A.B.P. No. 932 of 2020 passed by the

learned 1st Additional Sessions Judge-cum-Special Judge, Siwan Patna High Court CR. APP (SJ) No.1862 of 2020 dt.03-05-2021

in connection with Siwan SC/ST P.S. Case No. 12 of 2020

registered under Sections 341, 323, 379, 354, 427, 504, 506/34

of the Indian Penal Code as well as Sections 3(i)(r)(s)/3(2)(va)

of the SC/ST Act.

Some of the appellants are purchaser from a co-

sharer of the informant of this case. In the background of land

dispute, for the aforesaid reason, the allegation of abuse and

assault by taking caste name is there. The appellants have stated

on oath that they have got no criminal antecedent.

Considering the background of allegation, non-

grant of protection to the appellants would amount to failure of

justice. Hence, let the appellants, above named, in the event of

their arrest or surrender before the learned Court below within a

period of thirty days from the date of receipt of the order, be

released on anticipatory bail on furnishing bail bonds of

Rs.20,000/- (rupees twenty thousand) each with two sureties of

the like amount each to the satisfaction of the learned Court

below where the case is pending in connection with the

aforesaid case, subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure as well as

subject to the following conditions:-

(a) The appellants shall fully cooperate with the Patna High Court CR. APP (SJ) No.1862 of 2020 dt.03-05-2021

investigation/trial of the case, failing which the learned court

below shall be at liberty to cancel the bail bond of the

appellants.

(b) Both the bailors shall be resident of the

territorial jurisdiction of the learned court below.

(c) The appellants shall not leave the country

without permission of the learned trial court.

Accordingly, the impugned order is set aside and

this appeal stands allowed.

(Birendra Kumar, J)

Kundan/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date          05.05.2021
Transmission Date       05.05.2021