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Shambhu Baitha And Ors vs The State Of Bihar And Anr on 11 April, 2019

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
Patna High Court CR. APP (SJ) No.970 of 2019 dt.11-04-2019
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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
Patna High Court CR. APP (SJ) No.970 of 2019 dt.11-04-2019
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order is set aside with respect to them.

(Vinod Kumar Sinha, J)
sujit/-

AFR/NAFR
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