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Judgment
The appeal is directed against the order dated 21. 06.2019 passed by the court of learned Additional Sessions Judge-VII-cum-Special Judge, SC/ST,
Dhanbad, whereby the prayer for grant of anticipatory bail of the appellant has been rejected in connection with SC/ST Case No.17 of 2019, arising
out of Mahuda P.S. Case No.10 of 2019 registered under Sections 341, 323, 504, 354 (A) of the Indian Penal Code and Section 3 (viii), (x) and (xi) of
SC/ST (Prevention of Atrocities Act).
Heard the learned counsel for the appellant and learned A.P.P. On perusal of the case diary it appears that the dispute had arisen on account of
cutting of tree by Mayur Ansari @ Firoz Ansari the son of the appellant. It is alleged that Mayur Ansari had outraged the modesty of informant and
when her brother-in-law came to her rescue then he was assaulted by Mayur Ansari and this appellant. It is alleged that Mayur Ansari and the
appellant had abused the informant and her brother-in-law by their caste name. Witnesses in paras- 7, 8, 9, 10, 11, 12 of the case diary have stated
that Mayur Ansari @ Firoz Ansari had assaulted and there is omnibus allegation against the appellant of abusing them by their caste name.
Having regard to the statements of the witnesses, I am inclined to extend the privilege of anticipatory bail to the appellant. She is directed to surrender
in the court below, within four weeks from the date of receipt/production of the order, and in the event of her arrest or surrender, the court below shall
enlarge her on bail on her furnishing bail bond of Rs.10,000/-(ten thousand), with two sureties of like amount each to the satisfaction of learned
Additional Sessions Judge-VII-cum-Special Judge, SC/ST, Dhanbad, in connection with SC/ST Case No.17 of 2019, arising out of Mahuda P.S. Case
No.10 of 2019, on the conditions as laid down under Section 438 (2) Cr.P.C.
With the aforesaid direction this appeal is, hereby, allowed.