Pushpa Kumari @ Pushpa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46864 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.
Pushpa Kumari @ Pushpa Devi W/O- Rakesh Kumar 2.
Rakesh Kumar Son Of Raj Narayan Singh 3.
Raju Kumar Singh @ Raju Singh Son Of Late Sukhdeo Singh 4.
Bedami Devi @ Badami Devi W/O- Raj Narayan Singh 5.
Abhishek Kumar Son Of Raj Kishore Singh R/O- Fulhara Bazar, P.S.- Rajapakar, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad, Advocate For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2024 Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 341, 332, 333, 353, 427, 224, 225, 307 of the IPC and Section 3⁄4 of the Prevention of Damage to Public Property Act in connection with Rajapakar (Barranti) P.S. Case No.103 of 2024.
3. The learned counsel for the petitioners submit that petitioner no.1 and 3 are persons with clean antecedent and petitioner no.2, 4 and 5 have antecedent of one case and petitioner no.1 and 4 are women. It is next submitted that
Patna High Court CR. MISC. No.46864 of 2024(2) dt.12-08-2024 2/3 informant alleges that he received a secret information on 25.03.2024 that one accused, namely, Raj Kumar Singh who is accused in many cases is roaming in Phulwara market, according the informant reached the place of occurrence and apprehended Raj Kumar Singh, but while he was being brought to the police station he snatched rifle of one of the police personnel, but the rifle was recovered with the help of other police officials, further the accused started raising hue and cry on which his relatives and others arrived at the place of occurrence and started pelting stone over the police force and Raj Kumar Singh taking advantage of the situation fled. It is next alleged that the accused persons were identified by the Chowkidar and they also damaged the police vehicle.
The learned counsel submits that petitioners being relative of Raj Kumar Singh have been falsely implicated in the instant case with general and omnibus allegation of pelting stones and damaging the police vehicle. It is further submitted that police falsely instituted the instant case only with a view of coerce Raj Kumar Singh into submission who is accused in different cases. It is next submitted that the police in mechanical manner implicates either at the instance of Chowkidar or local persons.
Patna High Court CR. MISC. No.46864 of 2024(2) dt.12-08-2024 3/3 will cooperate in the investigation.
4. The learned APP opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Rajapakar (Barranti) P.S. Case No.103 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T