Leelam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42276 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Leelam Devi W/O Shiv Kumar Das @ Shiv Kumar R/O Village- Dih Sarsauna, P.S. N.H. Bangra, Distt-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest bail in connection with N.H. Bangra P.S. case No. 109 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 325, 354, 427, 307, 333, 353, 114, 188, 504 of the Indian Penal Code.
3. Prosecution case, in short, is that informant along with police official proceeded from Bangra Police Station to remove the encroachment as the same was encroached by Baidyanath Mahto at village Dih Sarsauna. It is alleged that the petitioner and others assaulted the police party and lady constables as a result of which they sustained injury. It is further
Patna High Court CR. MISC. No.42276 of 2024(2) dt.26-06-2024 2/3 alleged that the accused persons hampered with the duty of the government officials.
4. Learned counsel for the petitioner submitted that the petitioner is innocent lady and has falsely been implicated in the present case only on the basis of secret information. Learned counsel further submitted that petitioner has not committed any offence as alleged in the FIR. No any specific overt act is alleged against the petitioner. Learned counsel further submitted that two co-accused persons have been granted bail by the coordinate Bench of this Court vide Annexure-P2 Series to the present bail application. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with N.H. Bangra P.S. case No. 109 of 2023, subject to the conditions as laid down
Patna High Court CR. MISC. No.42276 of 2024(2) dt.26-06-2024 3/3 under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T