Baby Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35102 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Baby Devi Wife of Amarjeet Mandal @ Amarnath Mandal,

2. Pinki Devi @ Pabo Devi, Wife of Bateshwar Mandal, Both are resident of Olpura Nayatola, P.S. - Kahalgaon / Ghogha, District - Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Binod Kumar No. 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,324,332,307,504,353 and 153A of the Indian Penal Code.

The prosecution case is that the accused persons were constructing temple on the land of Md. Gufran when the ASP and DCLR along with police force reached on the spot when the mob pelted stones and made assault to the police force. It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general and petitioners have not specifically been named in the FIR but have been described as the

Patna High Court Cr.Misc. No.35102 of 2015 (2) dt.03-09-2015 2/2 wife and mother of the named accused. The petitioners have been roped in the present case only on the basis of suspicion raised by the Chowkidar. There is nothing on record to suggest that any substantial injury has been caused to any one. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the fact that accusation is not specific and the petitioners are ladies, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 78 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T