Apta Devi @ Jasmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50125 of 2021 Arising Out of PS. Case No.-407 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== APTA DEVI @ JASMATI DEVI W/o LATE SURESH PASWAN R/o MOHALLA-R. BLOCK ROAD No. 10, POST-GPO, P.S-SACHIWALAYA, DISTRICT-PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends her arrest in connection with Jakkanpur P.S. Case No.407 of 2020, registered for the offence punishable under Sections 147, 148, 149, 323, 341, 342, 307, 353, 332 and 333 of the Indian Penal Code and section 27 of the Arms Act.

Allegedly, the petitioner and other accused persons have

Patna High Court CR. MISC. No.50125 of 2021(2) dt.06-05-2022 2/3 pelted stones on the police party when they were on duty and had went to the slum for conducting raid against some liquor seller. It is also alleged that they have forcibly kept the A.S.I. in the house of one of the seller.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She have been falsely implicated in this case due to oblique reasons. Petitioner is not named in the F.I.R. No such occurrence, in the manner as alleged, has ever taken place. Petitioner neither participated in the alleged occurrence nor was present at the place of occurrence. There is no specific overt act against the petitioner rather the allegations are general and omnibus in nature. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner and others to have assaulted the police official and to confine him in their house.

Having regard to the facts and circumstances of the case, since there is specific allegation against the petitioner, I am not inclined to enlarge her on anticipatory bail. The prayer for bail to the petitioner named above is rejected.

Patna High Court CR. MISC. No.50125 of 2021(2) dt.06-05-2022 3/3 The bail application is accordingly dismissed. However, petitioner is directed to surrender before the learned Court below and seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law.

(Anjani Kumar Sharan, J) pallavi/- U T