Patna High CourtCR. MISC./5733/2022bail granted

Arti Devi v. The State Of Bihar

2022-08-23Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5733 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== ARTI DEVI WIFE OF CHANDAN KEWAT R/O VILLAGE- BALMAT BIGHA, P.S.- ISLAMPUR, DISTRICT- NALANDA ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 21425 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== SANJU KEWAT S/o Bajrangi Kewat Resident of Village - Balmat Bigha, P.S.- Islampur, District - Nalanda.

... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 5733 of 2022) For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Nagendra Prasad (In CRIMINAL MISCELLANEOUS No. 21425 of 2022) For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in connection

Patna High Court CR. MISC. No.5733 of 2022(2) dt.23-08-2022 2/3 with Islampur P.S. Case No. 41 of 2021, registered for the offences punishable under Sections 147, 148, 149 341, 323, 332, 333, 337, 338, 307 and 353/34 of the Indian Penal Code. As per allegation, the petitioners and co-villagers forcibly rescued co-accused Chandan Kewat from the custody of police party. Co-accused Chandan Kawat was accused in Islampur P.S. Case No. 40 of 2020. While forceful rescue of Chandan Kewat, the accused persons misbehaved with the police personnel and they also pelted stones on the police party due to which some police personnel became injured. Learned counsel for the petitioner has submitted that Arti Devi is wife of co-accused Chandan Kewat and petitioner Sanju Kewat is nephew of Chandan Kewat. They have falsely been implicated because they are family members of co-accused Chandan Kewat. The petitioners are the persons of clean antecedent.

Considering the above-mentioned facts and circumstances as well as the clean antecedents of the petitioners, let them, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.5733 of 2022(2) dt.23-08-2022 3/3 satisfaction of learned Addl. Chief Judicial Magistrate-1st, Hilsa (Nalanda) in connection with Islampur P.S. Case No. 41 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) niku/Sonali/- U T