Dauli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38700 of 2020 Arising Out of PS. Case No.-191 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== DAULI DEVI W/O RAKESH CHOUDHARY RESIDENT OF VILLAGE - FAKULI, P.S. - KUDHANI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending her arrest in Ganga Bridge P.S. Case No. 191 of 2019 registered for the offence under Sections 147, 148, 149, 341, 342, 323, 325, 307, 338, 427, 504 of the Indian Penal Code.

Allegedly, while on receipt of secret information about sale of English wine, the informant with police personnel reached at the place of occurrence, he saw a person fleeing away. He was chased but any how, he escaped. It is further alleged that while the informant with some more police

Patna High Court CR. MISC. No.38700 of 2020(2) dt.02-08-2021 2/3 personnel of local police station reached at place of occurrence, the named accused persons along with 100 unknown persons started pelting stones on police party and in consequence thereof, some of the police personnel sustained injuries. Two government vehicles are also said to have been damaged. It is further alleged that the accused persons got rescued two arrested persons from the clutches of the police.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The petitioner is a lady.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in

Patna High Court CR. MISC. No.38700 of 2020(2) dt.02-08-2021 3/3 connection with Ganga Bridge P.S. Case No. 191 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T