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Patna High CourtCR. MISC./25723/2019bail granted

Sona Devi @ Soni Devi v. The State Of Bihar

2019-04-22Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25723 of 2019 Arising Out of PS. Case No.-18 Year-2018 Thana- INARWA District- West Champaran ====================================================== 1.

Sona Devi @ Soni Devi, Wife of Srikishun Ram @ Kishun Ram 2.

Bhagiya Devi, Wife of Bhagelu Ram 3.

Rambha Devi, Wife of Suresh Ram @ Hiraj Ram 4.

Kanhai Ram @ Kanahiya Ram, Son of Ramashankar Ram @ Ram Shankar Ram All are residents of Village-Barwa Parshauni, P.S-Inarwa, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Inarwa P.S. Case No.18 of 2018, registered for the offence punishable under Sections 147, 148, 149, 353, 448, 504, 506, 325, 511 of the Indian Penal Code. Allegation has been made that when the informant received an information that one Ramchandra Ram along with four-five persons was fleeing after loading the sugar cane on tractor from the field, he reached there and saw that one tractor

Patna High Court CR. MISC. No.25723 of 2019(2) dt.22-04-2019 2/3 loaded with sugar cane was plying. When the informant chased, the driver of the tractor fled away and others were apprehended. The police registered Inarwa P.S. Case No.17 of 2018. Thereafter, on the same day, about 100 villagers including the petitioners came there for releasing the arrested accused persons of Inarwa P.S. Case No.17 of 2018. When the informant tried to pacify the matter, then the accused persons started brick batting and caused hurt to the police party and the accused persons created hindrance in maintaining law and order. Learned counsel for the petitioners submits that there is no any specific allegation against the petitioners. There is general and omnibus allegation against all the petitioners. At the instance of Chandra Bhushan Prasad, the Chaukidar named the several persons including the petitioners, however, subsequently, some of the name was deleted from the array of the accused.

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each

Patna High Court CR. MISC. No.25723 of 2019(2) dt.22-04-2019 3/3 to the satisfaction of the Judicial Magistrate, 1st Class, Narkatiaganj, West Champaran in connection with Inarwa P.S. Case No.18 of 2018 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) V.K.Pandey/- U T