Marachhia Devi @ Marachho Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24740 of 2020 Arising Out of PS. Case No.-235 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== Marachhia Devi @ Marachho Devi Wife of Jang Das Resident of Village - Bahiri, P.S. Bairgania, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Bairgania P.S. Case No.235 of 2019, registered under sections 307, 147, 148,149, 188, 333, 353, 335, 338, 323, 324 and 504 of the Indian Penal Code and section 3 of the Bihar Control of the Use and Play of Loudspeaker Act, 1955. As per allegation in the F.I.R., the 50 F.I.R. named accused persons including the petitioner herein, are stated to have caused disturbance, protest etc. at the time of Durga puja and in the protest some police personnel also sustained injuries. It is submitted by learned counsel for the petitioner that the allegations in the F.I.R. are general and omnibus in

Patna High Court CR. MISC. No.24740 of 2020(2) dt.15-10-2020 2/2 nature. The petitioner is a lady having no criminal antecedent and her case stands on a similar footing to others who has been enlarged on bail vide orders which has been brought on record as Annexures - 2 and 3 to this petition.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of her arrest or surrender in connection with Bairgania P.S. Case No.235 of 2019, she will be enlarged on bail on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T