Durga Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2579 of 2020 Arising Out of PS. Case No.-172 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== Durga Devi, Wife of Achchelal Sah, Resident of Village- Daud Chapra, Ward No. 12, P.S.- Sheohar, District- Sheohar.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending her arrest in connection with Sheohar P.S. Case no. 172 of 2019 registered for the offence punishable under sections 147, 148, 149, 307, 323, 332, 333, 341, 353, 427, 447 and 504 of the Indian Penal Code. As per the allegation in the F.I.R., the accused persons including this petitioner as also one Geeta Devi are stated to have gone to the Block office along with 50-60 women and of having assaulted the Block employees. It is further stated that they broke various articles and destroyed documents relating to beneficiaries of flood affected persons.

It is submitted by learned counsel for the petitioner that the allegations are general and omnibus in nature. The petitioner is a 42 years old lady having no criminal antecedent and the

Patna High Court CR. MISC. No.2579 of 2020(2) dt.04-03-2020 2/2 present case stands of a similar footing to that of co-accused Geeta Devi who along with one Bhola Sah have been enlarged on bail vide order dated 28.02.2020 passed in Criminal Misc. no. 2670 of 2020.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, especially the fact that the petitioner has no criminal antecedent and grant of bail to the similarly situated co-accused, this Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of her arrest or surrender in the Court below within a period of six weeks from today in connection with Sheohar P.S. Case no. 172 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, subject to the conditions as laid down in section 438 (2) of the Criminal Procedure Code.

(Partha Sarthy, J) Ankit/- U T