Sunita Devi @ Soniya Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42886 of 2017 Arising Out of PS. Case No.-233 Year-2017 Thana- CHANDI District- Nalanda ====================================================== 1.

Sunita Devi @ Soniya Devi, W/o Subhash Yadav. 2.

Mohani Devi, W/o Krishna Singh.

3.

Sulochana Devi @ Sunaina Devi, W/o Arjun Prasad. 4.

Shobha Devi @ Mamta Devi, W/o Yogendra Yadav, All resident of Village- Olibigha, P.S.- Chandi, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. NITYANAND ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State of Bihar. This application, for grant of anticipatory bail, arises out of Chandi Police Station Case No. 233 of 2017, disclosing offences under Sections 147, 148, 149, 337, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act, 1959. There is allegation against the persons who have been named in the First Information Report that they indulged in opening fire against the police party, which had gone at the place of occurrence to execute warrant of arrest/attachment order in respect of four persons, accused in another case. Learned Counsel for the petitioners has submitted that they have been maliciously implicated in this case and allegation of opening fire is general and omnibus. He has also

submitted that it is evident from the First Information Report that there was no injury received by the police personnel. Considering the above submissions, this application is allowed.

Let the petitioners, namely, Sunita Devi @ Soniya Devi, Mohani Devi, Sulochana Devi @ Sunaina Devi and Shobha Devi @ Mamta Devi, in the event of their arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Sikandar Paswan, Judicial Magistrate, 1st Class, Hilsa, Nalanda, in connection with Chandi Police Station Case No. 233 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court below on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √