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2021 DIGILAW 893 (PAT)

Puran Yadav, Son of Sitaram Yadav v. State of Bihar

2021-09-02

RAJENDRA KUMAR MISHRA

body2021
JUDGMENT : 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 Accordingly, this appeal is dismissed as withdrawn with respect to appellant no.1, Puran Yadav. 4.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 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. 7. Learned counsel for the appellant no. 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. 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.