Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22583 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- KORANSARAI District- Buxar ====================================================== 1.

Kalawati Devi Wife of Budhan Ram, Resident of Village - Mugaon, P.S.- Koransarai, District - Buxar.

2.

Maniki Devi @ Mamta Devi Daughter of Sheo Kumar Ram, Resident of Village - Mugaon, P.S.- Koransarai, District - Buxar. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav, Advocate For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in the present case are seeking anticipatory bail in connection with Koransarai P.S. Case No. 134 of 2018 registered for the offences punishable under Sections 147, 149, 188, 332, 333, 353, 504, 506, 427, 201 of the Indian Penal Code and Section 30(a) of the Bihar Excise Amendment Act, 2018.

Learned counsel for the petitioners submits that the petitioners have been made accused in the present case without there being any specific allegation against them. It is submitted that the allegations against the petitioners are that they had been amongst the mob of the women who had surrounded the police party and had forcibly got the apprehended accused freed. Learned

Patna High Court CR. MISC. No.22583 of 2019(3) dt.18-07-2019 2/2 counsel submits that there is no specific allegation and to some of the co-accused, a learned Co-ordinate Bench of this Court has granted privilege of anticipatory bail vide order dated 15.03.2019 passed in Criminal Miscellaneous No. 15992 of 2019. Learned APP for the State is present who has opposed the prayer for anticipatory bail. However, considering the facts and circumstances of the case wherein there is no specific allegation against these petitioners in the FIR and the co-accused similarly situated have been granted privilege of anticipatory bail by the learned Co-ordinate Bench of this Court, this Court is inclined to grant of anticipatory bail to the petitioners.

Let the petitioners above named, in case of their arrest or surrender within four weeks from today in connection with Koransarai P.S. Case No. 134 of 2018, be released on bail on execution of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd-cum-Special Judge (Excise) at Buxar, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.