Punam Devi vs State Of Bihar

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

Heard learned counsel for the appellant and learned Spl.P.P. for the State.

The instant appellant has filed the instant appeal against the order dated 21.10.2021 passed by the learned Special Judge (SC/ST Act)-cum-Additional District Judge 1st Munger, in connection with S.C./S.T. Thana Munger P.S. Case No. 23 of 2021 registered under Sections 147/149/167/323/447/467/468/471/ 504/506 of the Indian Penal Code read with Section 3(i)(R)(S), 2(V)(Va) of the SC & ST Act whereby and whereunder the prayer for bail of the appellant was rejected.

As per prosecution case, there is allegation against the present appellant is that she has grabbed the land of informant.

Learned counsel for the appellant submits that appellant is in custody since 09.10.2021. Appellant bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that appellant has already submitted application before the concerned authority that the appellant’s ancestral house was there on disputed land since 100 years ago which is part and partial of the F.I.R. and after due process the Parcha was issued in favour of the appellant. Appellant is a lady. Learned counsel further submits that from perusal of the F.I.R. it appears that at least this is a case of civil dispute.

The learned Spl.P.P. for the State as well as learned counsel on behalf of respondent vehemently opposes the prayer for bail of the appellant.

Considering the facts and circumstances of the case as well as period of custody, petitioner being a lady as submitted matter relates to civil dispute, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of the parties and also taking into consideration the material available on record, the order dated 21.10.2021 passed by learned Special Judge (SC/ST Act)-cum-Additional District Judge 1st Munger is set aside and present appeal is allowed. The appellant is directed to be enlarged on bail in connection with S.C./S.T. Thana Munger P.S. Case No. 23 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (SC/ST Act)-cum-Additional District Judge 1st Munger, subject to following conditions:-

(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Appellant will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the appellant tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.