Shiv Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14277 of 2023 Arising Out of PS. Case No.-608 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== 1.

Shiv Kumari Devi, Wife of Sudama Bin R/v- Naya Khawaspur, P.S.- Krishngarh (O.P.), District- Bhojpur 2.

Kedali Devi, Wife of Purnavashi Bin R/v- Naya Khawaspur, P.S.- Krishngarh (O.P.), District- Bhojpur 3.

Fuljharo Devi, Wife of Thakur Bin R/v- Naya Khawaspur, P.S.- Krishngarh (O.P.), District- Bhojpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in the present case are seeking prearrest bail in connection with Barahara (Krishna Garh) P.S. Case No. 608 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354 (B), 448, 379, 504, 506 of the Indian Penal Code. They have got no criminal antecedent.

As per the prosecution story, on 12.08.2022 at 10:00 P.M. the accused persons named in the FIR came at the door of the informant and indulged in causing assault to the informant and his family members. The informant alleged that in course of

Patna High Court CR. MISC. No. 14277 of 2023(2) dt.18-05-2023 2/3 assault the accused persons snatched the ornaments from the female inmates of the house and took away four boxes containing ornaments. It is alleged that at the time of leaving the place of occurrence the accused persons opened fire also. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that there are general and omnibus kind of allegations and the co-accused have already been granted bail by learned court below.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

Having regard to the facts and circumstances of the case, there being general and omnibus allegation against the petitioners and from the impugned order, it appears that some of the co-accused have been granted bail by learned court below, let the petitioners, who have otherwise no criminal antecedent, in case of their arrest or surrender within a period of four weeks from today, be released on bail in connection with Barahara (Krishna Garh) P.S. Case No. 608 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Bhojpur at Ara, subject to the

Patna High Court CR. MISC. No. 14277 of 2023(2) dt.18-05-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T