Sondil Devi @ Sondila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4580 of 2020 Arising Out of PS. Case No.-324 Year-2019 Thana- DHANARUA District- Patna ====================================================== 1.

Sondil Devi @ Sondila Devi, Female, aged about 41 years, Wife of Brahma Yadav, Resident of Village - Chak Johra, Sonmai, Police Station - Dhanarua, District - Patna.

2.

Fulmati Devi, Female, aged about 44 years, Wife of Sunil Kumar, Resident of Village - Chak Johra, Sonmai, Police Station - Dhanarua, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar Singh, Adv.

For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 353, 323, 324, 427 and 307 of the Indian Penal Code.

The prosecution case as per the written report of Sadhu Mahto submitted before the S.H.O. Dhanarua P.S. is to the effect that on 05.08.2019 at about 1:00 P.M., after having received an information from the S.H.O., that an Auto Rickshaw driver was detained by the villagers of Chakjohra on the suspicion of him being a child thief, the informant reached at the spot and found a person lying near subsequently, an auto

Patna High Court CR. MISC. No.4580 of 2020(2) dt.29-02-2020 2/3 rickshaw and some people were assaulting him. When the police tried to take the injured auto driver to the hospital for his treatment when all the villagers started pelting stones and raised slogans against the police, leading to registration of the F.I.R. against 22 named and 100 unknown persons.

It is submitted by learned counsel for the petitioners that the accusation is general and omnibus against the mob. Moreover, similarly, situated co-accused, Akal Prasad has been granted anticipatory bail by a co-ordinate bench of this Court vide order dated 18th February 2020 passed in Cr. Misc. No. 544 of 2020. A statement has been made in paragraph-3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned counsel for the State that petitioners were also the part of the mob.

Considering the omnibus and general accusation against the mob and statement made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.4580 of 2020(2) dt.29-02-2020 3/3 two sureties of the like amount each to the satisfaction of Sri B.N.Tripathi Judicial Magistrate-I, class, Masaurhi, in connection with Dhanrua P.S. Case No. 324 of 2019, G.R. No. 970 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Rahul/Gautam U T