IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.970 of 2019
Arising Out of PS. Case No.-10 Year-2018 Thana- SC/ST District- Sheohar
1. Shambhu Baitha Son of Ram Swaroop Baitha
2. Munaka Devi Wife of Shambhu Baitha
3. Hari Baitha Son of Bhogi Baitha
All Resident of Village – Pardesiya, PS and Distt – Sheohar
… … Appellant/s
Versus
1. The State of Bihar
2. Kalauti Devi, Wife of Pramod Baitha, D/o Bhola Baitha Resident of Village
– Khan Pipra, P.S.- Fenhara, Distt – Sheohar.
… … Respondent/s
Appearance :
For the Appellant/s : Mr.Dinesh Jha
For the Respondent/s : Mr.Binay Krishna
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL JUDGMENT
Date : 11-04-2019
This is an appeal under Section 14A(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 against the refusal of prayer of anticipatory bail dated
30.01.2019 passed by the learned 1st Addl. Sessions Judge-cum-
Special Judge, SC/ST Act, Sheohar in ABP No. 25 of 2019
arising out of SC/ST P.S.Case No. 10 of 2018 registered under
Sections 120B, 323, 379, 494, 498A, 504 and 120B of the
Indian penal Code and Sections 3(i)(r)/3(i)(s)/3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
Allegation as per FIR against the appellants, who
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happens to be father-in-law, mother-in-law and one co-villager,
is of demanding dowry and due to that they tortured the
complainant.
Submission of learned counsel for the appellants is that
no specific allegation has been attributed against them and so far
allegation under the Sections of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 is
concerned, the same is not applicable against them as the
appellants themselves belong to Scheduled Caste category.
Heard learned Spl. P.P also.
Having heard both sides and in view of the facts and
circumstances, as stated above, let the appellants, in the event of
arrest or surrender before the court below within a period of six
weeks from the date of receipt/production of a copy of this
order, be released on bail upon furnishing bail bond of Rs.
25,000/- (Rupees twenty five thousand) each with two sureties
of the like amount each to the satisfaction of the learned 1st
Addl. Sessions Judge-cum-Special Judge, SC/ST Act, Sheohar
in ABP No. 25 of 2019 arising out of SC/ST P.S.Case No. 10 of
2018; subject to condition as laid down under Section 438(2) of
the Code of Criminal Procedure.
Accordingly, the appeal is allowed and the impugned
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order is set aside with respect to them.
(Vinod Kumar Sinha, J)
sujit/-
AFR/NAFR
CAV DATE
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