Sabita Rai @ Savita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40355 of 2016 Arising Out of PS.Case No. -256 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Sabita Rai @ Savita Devi, Wife of Sri Ajay Kumar Rai, Resident of Village- Bhadwas, P.S. Mahua, District Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bela Singh, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Mahua P.S. Case No. 256/16 for offences alleged under Sections 147, 149, 341, 323, 353, 504, 506 of the Indian Penal Code. Allegation is that petitioner along with 200-250 persons blocked Mahua-Hajipur road making slogans against the police administration on account of firing by some known persons on petitioner's aunt-in-law. They also disturbed the traffic, school bus, ambulance and the persons passing through the road and also obstructed the police personnel from discharging their official duties.
It has been submitted by the learned counsel
Patna High Court Cr.Misc. No.40355 of 2016 (2) dt.19-10-2016 2/3 for the petitioner that there was a mob of about 200-250 persons and 48 F.I.R. named accused, who had blocked the road because of firing by some persons on petitioner's aunt-in-law. Police had lodged First Information Report against the said incident but had not named the accused persons, as a result of which, mob gathered on Mahua-Hajipur Road raising slogans against the police. She submits that because of the mob protesting against the police for firing against the aunt-in-law of the petitioner, that the petitioner has been made accused. She further submits that the petitioner has no criminal antecedent, as is evident from paragraph 3 of this petition and that there is general and omnibus allegation against the petitioner.
Learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since there was a mob attack and the allegations being general and omnibus, let petitioner, above named, in the event of her arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with
Patna High Court Cr.Misc. No.40355 of 2016 (2) dt.19-10-2016 3/3 Mahua P.S. Case No. 256/16, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T