Smt. Asha Devi @ Asha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41729 of 2015 Arising Out of PS.Case No. -119 Year- 2015 Thana -GUTHNI District- SIWAN ======================================================
1. Smt. Asha Devi @ Asha Devi Wife of Ramadhar Ram
2. Suggi Kumari D/o Ramadhar Singh
3. Bhola Ram @ Bhola Kumar Ram Son of Ramadhar Ram
4. Ramawati Devi Wife of Ram Pravesh Ram
5. Kashila Devi @ Kaoshila Devi W/o Chotelal Manjhi
6. Chikku Manjhi Son of Chotelal Manjhi All are Resident of village - Matkodwa Guthani, P.O. + P.S. Guthani, District - Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-10-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,325,353,216,504 and 506 of the Indian Penal Code.
The prosecution case is that when the police personnel went to apprehend one Ramadhar Ram, accused in NDPS case, the accused persons made protest and made attempt to get released aforesaid Ramadhar and made assault to the police personnel.
Patna High Court Cr.Misc. No.41729 of 2015 (2) dt.12-10-2015 2/3 It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general and except petitioner no. 3 Bhola Ram alias Bhola Kumar Ram, other petitioners have no criminal antecedent. The police maliciously roped the petitioners in the present case since they are family members of aforesaid Ramadhar Ram.
Let the learned court below consider the prayer for regular bail of the petitioner no. 3 keeping in view that accusation is omnibus and general in nature, in case the petitioner no. 3 surrenders within six weeks from today in connection with Guthani P.S. Case No. 119 of 2015 pending in the court of learned C.J.M. Siwan. So far as petitioner nos. 1 to 6 except petitioner no. 3 are concerned, considering the accusation being omnibus and general and they having no criminal antecedent, let the above named petitioner nos. 1,2,4,5 and 6 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in
Patna High Court Cr.Misc. No.41729 of 2015 (2) dt.12-10-2015 3/3 connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C. This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J) Anil/- U T