Rita Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.45225 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45225 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Rita Devi, Wife of Ranjeet Prasad, Resident of Village-Kharia, P.S.- Bariyarpur, District-Munger.

2. Kiran Devi, Wife of Mukeshwar @ Mukesh Kr. Mandal, Resident of Village-Aawa Ratanpur,P.S.-Bath, District-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-09-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Shambhuganj Police Station Case No. 79 of 2016, disclosing offences under Sections 143, 147, 148, 149, 188, 353, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the petitioners alleged to have been member of a mob 300-400 people and they have falsely been implicated in this case on suspicion only. Moreover, co-accused, Vishwanath Prsad Singh

Patna High Court Cr.Misc. No.45225 of 2017 (2) dt.19-09-2017 @ Lidar @ Litar and Lalan Paswan, having more or less similar allegation, has also been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 40693 of 2016 and Cr. Misc. No. 23667 of 2017, which is evident from annexures2 and 3. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Banka, in connection with Shambhuganj Police Station Case No. 79 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T