Lakhapatiya Devi @ Lakhapati Devi And Ors vs State Of Bihar

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 Actâ€) 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 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 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.