Patna High Court
Puran Yadav vs The State Of Bihar on 2 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.533 of 2021
Arising Out of PS. Case No.-9 Year-2020 Thana- SC/ST District- Khagaria
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1. Puran Yadav, Son of Sitaram Yadav, R/o village- Chukati, P.S.- Mansi,
District- Khagaria
2. Sulekha Devi, W/o Puran Yadav, R/o village- Chukati, P.S.- Mansi, District-
Khagaria
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Siddhartha Kumar Singh, Advocate.
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL JUDGMENT
Date : 02-09-2021
Learned counsel for the appellants seeks permission to
withdraw this appeal, as appellant no. 1, namely, Puran Yadav, has been
arrested by the police.
2. Permission is accorded.
3. Accordingly, this appeal is dismissed as withdrawn with
respect to appellant no.1, Puran Yadav.
4. Heard learned counsel for the appellant no.2, namely,
Sulekha Devi, and the learned Additional Public Prosecutor for the State
through Video Conferencing.
5. This appeal, under Section 14(A)(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, is directed
against the order dated 07.11.2020 passed in Spl. A.B.A. (SC/ST) No.
37 of 2020, whereby and whereunder the learned Ist Additional
Sessions Judge, Khagaria, rejected the prayer of pre-arrest bail of the
Patna High Court CR. APP (SJ) No.533 of 2021 dt.02-09-2021
appellant no.2, Sulekha Devi, in connection with Khagaria SC/ST P.S.
Case No. 09 of 2020, registered under Sections 147, 341, 323, 325, 307,
354(A), 504 and 506 of the Indian Penal Code and Sections 3(a)(R)(S)
(W) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act.
6. The prosecution case, in brief, is that on 06.06.2020, in the
noon, five persons named in the FIR including the appellant no.2,
Sulekha Devi, variously armed with weapons came at the door of the
informant, Ranju Devi, and started to abuse and made query about her
husband, saying to withdraw the case, which was lodged by her
husband. On which, she told that her husband is not present at the house
then all started to cause assault. At that time, Puran Yadav assaulted her
through butt causing injury at her head and his wife, Sulekha Devi
(appellant no.2) gave Kachhia blow causing injury at her finger. When
Punam Devi, Priyanka Devi and Shanti Devi came to save her then they
were also assaulted. At that time, they told that belonging to community
of Khansi how to dare to lodge the case. At that time, Punam Devi
sustained injury at her hand and Suman Yadav caused injury at the head
of Punam Devi through lathi. Bharan Yadav assaulted to Priyanka Devi
through lathi causing injury at her hand. Thereafter, Kailu Yadav laid
down to Shanti Devi on the ground. After occurrence, she gave an
application to Mansi Police Station but the case was not lodged, due to
that reason, she lodged the present case in SC/ST Police Station,
Khagaria.
Patna High Court CR. APP (SJ) No.533 of 2021 dt.02-09-2021
7. Learned counsel for the appellant no. 2, Sulekha Devi,
submits that while the allegation has been made against the appellant
no. 2 to cause injury through sharp cutting weapon at the finger of the
informant but out of three injuries, injury no. 1 is at her little finger,
which is lacerated in nature not by sharp cutting weapon. The three
injuries are simple in nature. Further submission is that appellant no. 2,
who is lady, has no criminal antecedent.
8. Having considered the facts and circumstances of the case,
the order dated 07.11.2020 passed by the Additional Sessions Judge-I,
Khagaria in Spl. A.B.A.(SC/ST) Case no. 34 of 2020 is set aside and
accordingly, this appeal is allowed.
9. Let the appellant no. 2, Sulekha Devi, be released on bail,
in the event of her arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-I, Khagaria, in
connection with Khagaria SC/ST P.S. Case No. 09 of 2020, subject to
the condition as laid down under Section 438(2) of the Cr.P.C.
Bhardwaj/- (Rajendra Kumar Mishra, J)
AFR/NAFR
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