Jagmanti Devi @ Poko Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43425 of 2024 Arising Out of PS. Case No.-83 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== JAGMANTI DEVI @ POKO DEVI WIFE OF BAHADUR KORA @ BAHADUR SANTHAL VILLAGE- KANIMOH, PS- KAJRA, DISTLAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr.Tarun Prasad Mandal, ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in a case in connection with Piri Bazar P.S Case No. 83 of 2019 dated 18.07.2019 registered for the offences punishable under Sections 147, 148, 149, 307 and 353 of the Indian Penal Code and under Sections 27 of the Arms Act and Sections 16, 17, 18, 20, 23 and 28 of the U.A.P. Act.
3. As per the prosecution case, the petitioner along with 59 named and others was planning to execute Naxal attack at Mithu Pahar in Madhur Kol. When the police as well as the cobra team reached there, they faced indiscriminate firing from naxals.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the
Patna High Court CR. MISC. No.43425 of 2024(2) dt.06-09-2024 2/2 petitioner. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 25.05.2023 passed in Cr. Misc. No. 28341 of 2023. The petitioner was a member of the mob. The petitioner is a lady and she has one criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Lakhisarai in connection with Piri Bazar P.S Case No. 83 of 2019, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T