Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39647 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== 1.
ANITA DEVI Wife of Jitan Manjhi @ Jitan Safi Resident of village - Kakraul, P.S. - Rahika, Distt. - Madhubani 2.
Rani Devi Wife of Shankar Safi Resident of village - Kakraul, P.S. - Rahika, Distt. - Madhubani 3.
Tetari Devi Wife of Prem Safi Resident of village - Kakraul, P.S. - Rahika, Distt. - Madhubani 4.
Sita Devi Wife of Chunna Ram Resident of village - Kakraul, P.S. - Rahika, Distt. - Madhubani 5.
Minu Devi Wife of Mahendra Ram Resident of village - Kakraul, P.S. - Rahika, Distt. - Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Atul Shankar For the Opposite Party/s :
Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 341, 353, 307, 332, 333, 504, 506 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that the accused persons forming an unlawful assembly armed with lethal weapon have disturbed the Government work and
Patna High Court CR. MISC. No.39647 of 2023(3) dt.16-10-2023 2/3 attacked upon the informant and police administration with intention to kill, in which, some police personnel became injured badly.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that from the one occurrence two F.I.R. was lodged against the petitioners, one by the private person and another by the Circle Officer. He further submits that there is no specific overt act against the petitioners. He also submits that in case filed by private person, petitioners have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 25.05.2023 passed in Cr. Misc. No. 14979 of 2023. Petitioners have one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, argument of the parties, perusal of the records and the fact that the petitioners are member of mob, let the above named petitioners, be released on bail, in the event of their arrest or
Patna High Court CR. MISC. No.39647 of 2023(3) dt.16-10-2023 3/3 surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Rahika P.S. Case No.145 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Anjani Kumar Sharan, J) anand/- U T