Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17708 of 2023 Arising Out of PS. Case No.-345 Year-2022 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

Shanti Devi W/O Rajendra Yadav R/O Village- Chandraha Roopwalia, P.SChoutarawa(Bathwariya) District- West Champaran 2.

Rita Devi W/O Brajesh Yadav R/O Village- Chandraha Roopwalia, P.SChoutarawa(Bathwariya) District- West Champaran 3.

Lalsa Devi @ Lalsa Yadav W/O Akshay Lal Yadav R/O Village- Chandraha Roopwalia, P.S- Choutarawa(Bathwariya) District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Kumar For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 332, 333, 307 and 506/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, all the accused persons including the petitioners and other 15-20 unknown persons armed with lathi, danda and axe surrounded the police party and assaulted the police personnel.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that accused Sandesh Yadav and

Patna High Court CR. MISC. No.17708 of 2023(4) dt.20-07-2023 2/2 alleged victim were both in love she herself left the house of her parents. He further submits that the victim is a major girl. He submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail and submits that petitioners are involved in the present case. Hence, they do not deserve anticipatory bail.

6. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegation levelled against the petitioners and petitioners are only members of the mob, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chautarwa (Bathwariya) P.S. Case No.345/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T