SMT. MAMTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition under Section 438 Cr.P.C., 1973 read with Section 482 Cr.P.C., 1973 for pre-arrest bail has been filed by petitioner Smt. Mamta, an accused in FIR No. 62 dated 12.2.2017, under Sections 323/341/506 IPC and 3 (2) 5A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered with Police Station Sadar, Bhiwani.

(2.) Briefly stated, the case of prosecution is that on 12.2.2017 at about 1:30 p.m., complainant Munesh wife of Om Parkash had gone to the house of accused Mamta for demanding payment of her wages. However, the petitioner took a brick from the street and hit her on forehead as well as head. The complainant became unconscious and fell down. The petitioner also gave leg and fist blows to her. In the meanwhile, Ashish son of complainant arrived at the spot. Then accused went inside her house while abusing. She had stopped the passage of complainant and uttered words regarding caste of the complainant i.e. Chamar DHED, in that way insulting her and threatened to kill her.

(3.) Apprehending her arrest in this case, Mamta-accused had approached the Court of Sessions seeking grant of pre-arrest bail but her such application was dismissed by the Court learned Additional Sessions Judge, Bhiwani vide order dated 23.2.2017. As such she has approached this Court asking for similar relief.