Komal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12791 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- BHEJA District- Madhubani ====================================================== 1.

KOMAL DEVI Wife of Manoj Sadai Resident of village- Tokanatole, P.S. - Bheja, District - Madhubani.

2.

Neelam Devi Wife of Shambhu Sadai Resident of village- Tokanatole, P.S. - Bheja, District - Madhubani.

3.

Aghania Devi Wife of Bhagwan Datta Sadai Resident of village- Tokanatole, P.S. - Bheja, District - Madhubani.

4.

Vijay Kumar Sadai @ Vijay Sadai Son of Ram Lakhan Sadai Resident of village- Tokanatole, P.S. - Bheja, District - Madhubani. 5.

Amod Sadai Son of Bhagwan Datta Sadai Resident of village- Tokanatole, P.S. - Bheja, District - Madhubani.

6.

Mahendra Sadai Son of Late Sukan Sadai Resident of village- Tokanatole, P.S. - Bheja, District - Madhubani.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 353,

Patna High Court CR. MISC. No.12791 of 2021(2) dt.04-01-2022 2/3 332, 307, 269, 270, 188, 427 of the Indian Penal Code and 3 of Epidemic Diseases Act, 1897.

The prosecution allegation, in short, is that the accused persons were protesting against the police during the lockdown. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. A general protest was being made by the petitioners during lockdown.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Patna High Court CR. MISC. No.12791 of 2021(2) dt.04-01-2022 3/3 Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M. -III, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 18 of 2020, G.R. No. 531 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T