Shaila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16123 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== 1.

Shaila Devi Wife Praveen Sarma Resident of Village - Dhanbe, P.S. - Sikandra. Dist.- Jamui.

2.

Rinku Devi wife of Ravi Ram Resident of Village - Dhanbe, P.S. - Sikandra. Dist.- Jamui.

3.

Sulochana Devi W/o Sanatan Sharma Resident of Village - Dhanbe, P.S. - Sikandra. Dist.- Jamui.

4.

Prashant Sharma S/o SiyaRam Sharma Resident of Village - Dhanbe, P.S. - Sikandra. Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2022 At the outset, counsel for petitioners seeks permission to withdraw the anticipatory bail application with respect to Prashant Sharma petitioner no. 4.

Permission is granted. The anticipatory bail application with respect to petitioner no. 4 is dismissed as withdrawn.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner nos. 1, 2 and 3 apprehend their arrest in Sikandra P.S. Case No. 37 of 2021, registered for the offences

Patna High Court CR. MISC. No.16123 of 2022(2) dt.25-08-2022 2/3 punishable under Sections 465, 353, 427, 120(B)/34 of the Indian Penal Code.

As per the prosecution case, petitioners along with other co-villagers forcibly snatched the proceeding register, maping register, original application and other files from the informant and destroyed and obstructed the selection process. It is submitted that petitioners have been falsely implicated in this case by the informant who is women Supervisor at the behest of Biranchi Sharma. As a matter of fact, informant without conducting Aam Sabha selected the family of Biranchi Sharma which was objected by the villagers, therefore, this false case has been lodged by the informant. Petitioners claim clean antecedent.

Counsel for State opposed the prayer for bail and submitted that these petitioners are named in the FIR and they have taken law in their hand and obstructed the informant in discharging their official duty.

Considering the facts aforesaid, the petitioner nos. 1, 2, and 3 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.16123 of 2022(2) dt.25-08-2022 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Jamui in connection with Sikandra P.S. Case No. 37 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T