Sima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18045 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- LAURIA District- West Champaran ====================================================== 1.

Sima Devi Wife Of Bhim Yadav R/O Village - Parari, P.S.- Lauriya, District - West Champaran 2.

Sangita Devi Wife Of Bhim Yadav R/O Village - Parari, P.S.- Lauriya, District - West Champaran 3.

Anarkali Devi Wife Of Arjun Yadav R/O Village - Parari, P.S.- Lauriya, District - West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Samrendra Kumar Jha For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 332, 333, 353, 224 and 225 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are women and are persons with clean antecedent and the informant alleges that he proceeded in connection with investigation and raid of Lauriya P. S. Case No.326 of 2021 and during course of investigation, complicity of Pradip Mishra and

Patna High Court CR. MISC. No.18045 of 2022(2) dt.28-06-2022 2/3 Arvind Mishra came to light. Thereafter, they were caught and one country-made pistol were recovered from their bed and on their disclosure, Bhim Yadav was also arrested, but his family members and the people of the vicinity including the petitioner made protest and scuffle with the police force on account of which, Bhim Yadav managed to escape and the Chaukidar identified the accused persons including the petitioner, who helped in escape of Bhim Yadav.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case merely because they are the family members of Bhim Yadav. It is next submitted that it absolutely does not stand to reason that the ladies of the house would come out and will scuffle with the police. It is next submitted that since the villagers were of the view that Bhim Yadav has been falsely implicated in the present case. They were protesting and the police on account of protest made by the villagers did not arrest Bhim Yadav and then the present false case came to be instituted.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners and the fact that the petitioners are

Patna High Court CR. MISC. No.18045 of 2022(2) dt.28-06-2022 3/3 women, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Lauriya P. S. Case No.07 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T