Tetar Devi @ Tetari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42619 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- KASMA District- Aurangabad ====================================================== Tetar Devi @ Tetari Devi aged about 28 years (female), wife of Satkumar Pal, resident of village - Naraich, P.S. - Kasma, District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-07-2024 Heard Mr. Aman Vishal, learned counsel appearing on behalf of the petitioner and Mr. Anant Kumar 1, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Kasma P.S. Case No. 37 of 2024, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 427, 353, 354, 504, 506, 153A and 120B of the Indian Penal Code.
3. As per the allegation made in the FIR, 59 named accused persons and 56 to 60 unknown accused persons including the petitioner, had pelted stone and brick over the police personnel and had obstructed them from performing public duty.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.42619 of 2024(2) dt.10-07-2024 2/3 been implicated in the present case on the basis of suspicion being residents of same village. General and omnibus allegation has been levelled against the petitioner and no specific overt act has been alleged against him. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR, as well as, the fact that general and omnibus allegation has been levelled against the petitioner and no specific overt act has been alleged against him. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar), in connection with Kasma P.S. Case No. 37 of 2024, subject to the condition as laid down under Section
Patna High Court CR. MISC. No.42619 of 2024(2) dt.10-07-2024 3/3 438(2) of the Cr.P.C.
8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T