Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38101 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

SHOBHA DEVI W/O PURAN MANJHI R/O Village- Sapahi Britiya Tola, PS. Raghunathpur (O.P.), Dist. East Champaran 2.

PUNAM DEVI W/O MANJU MANJHI @ MANOJ MANJHI R/O VillageSapahi Britiya Tola, PS. Raghunathpur (O.P.), Dist. East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rashmi Jha, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 253 of 2023 dated 25.02.2023, instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 337, 338, 225, 427, 504 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 25.02.2023 informant received information that one accused person namely, Manju Manjhi with his associates was manufacturing liquor and so, he reached the place of manufacturing. On seeing police, some persons started to flee away but three of them were

Patna High Court CR. MISC. No.38101 of 2023(2) dt.07-07-2023 2/3 apprehended. On search, police recovered, two gallons containing liquor, one gas cylinder, gas stove and a bag containing liquor on motorcycle. It is further alleged that both the petitioners along with other family member attacked police team with lathi, danda and bricks which resulted in escape of Manjhu Manjhi from the custody of police.

4. Learned counsel for the petitioner submits that the petitioners are innocent and they are falsely implicated in this case. It is further submitted that petitioner no. 2 is the wife of Manju Manjhi. It is further submitted that police personnel were misbehaving with family members of accused Manju Manjhi @ Manoj Manjhi, and the petitioners have raised only objection on that, but police implicated them in the present case with false and concocted story. Learned counsel further submitted that the petitioners have neither attacked on the police team or officers, nor have they resorted to stone-pelting, nor have they caused hurt to them, nor have they caused damage to the vehicles, nor have they resorted to use of criminal force to deter public servants from discharging of their official duty. Lastly, it has been submitted that the petitioner are in custody since 26.02.2023 having no criminal cases against them and chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.38101 of 2023(2) dt.07-07-2023 3/3

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in Turkauliya P.S. Case No. 253 of 2023.

(Khatim Reza, J) Sankalp/- U T