Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19942 of 2022 Arising Out of PS. Case No.-232 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Asha Devi Wife Of Sheoparshan Yadav, D/O- Dasrath Yadav @ Bhuvar Yadav (WRONGLY Written Wife Of Dasrath Yadav By The Police In The Said F.I.R.) R/O Village- Pakhanari, P.S.- Sheosagar, District- Rohtas At Sasaram 2.

Dasrath Yadav @ Bhuvar Yadav Son Of Late Ganesh Yadav R/O VillagePakhanari, P.S.- Sheosagar, District- Rohtas At Sasaram 3.

Sabita Devi Wife Of Ashok Yadav R/O Village- Pakhanari, P.S.- Sheosagar, District- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 333, 323, 307, 353, 504 of the Indian Penal Code.

Prosecution case, in short, is that the police raided the houses of the petitioners to arrest co-accused Ashok Yadav and

Patna High Court CR. MISC. No.19942 of 2022(2) dt.11-05-2022 2/3 in course of that the F.I.R. named accused persons including the petitioners along with six unknown persons attacked on the police force by pelting bricks and stones.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioner Nos.1 and 3 are ladies. As per the allegation, the petitioners protested on the arrest of co-accused by the police. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 11 named persons alongwith 6 unknown persons have been made accused in the present case. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sasaram, Rohtas in connection with Sheosagar P.S.

Patna High Court CR. MISC. No.19942 of 2022(2) dt.11-05-2022 3/3 No.232/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U Y