Dhaneshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.429 of 2021 Arising Out of PS. Case No.-316 Year-2017 Thana- DOBHI District- Gaya ====================================================== 1.

Dhaneshwari Devi, (Female), aged about 55 years, W/o Kuleep Madal @ Kuldeep Mandal, R/o- Village- Gamahriya, P.O.- Bajaura, P.S.- Dobhi, Sherghati, District- Gaya.

2.

Sugiya Devi, (Female), aged about 35 years, W/o Vinod Mandal, R/o Village- Gamahriya, P.O.- Bajaura, P.S.- Dobhi, Sherghati, District- Gaya. 3.

Mungiya Devi, (Female), aged about 49 years, W/o Mohan Mandal, R/o Village- Gamahriya, P.O. Bajaura, P.S.- Dobhi, Sherghati, District- Gaya. 4.

Vijay Mandal, (Male), aged about 50 years, S/o Kailu Mandal, R/o VillageGamahriya, P.O. Bajaura, P.S.- Dobhi, Sherghati, District- Gaya. 5.

Sushma Devi, (Female), aged about 28 years, W/o Dipal Mandal, R/o Village- Gamahriya, P.O. Bajaura, P.S.- Dobhi, Sherghati, District- Gaya. 6.

Sunder Manjhi, (Male), aged about 50 years, S/o Khelawan Manjhi, R/o Village- Gamahriya, P.O. Bajaura, P.S.- Dobhi, Sherghati, District- Gaya. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Md. Jubair Ansari, Advocate.

For the Opposite Party :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 448, 379, 380, 385, 387, 435, 506 of the I.P.C. and 27 of the Arms

Patna High Court CR. MISC. No.429 of 2021(2) dt.25-06-2021 2/3 Act.

The prosecution story, in brief, is that the petitioners entered paddy field of the informant, namely, Radhey Shayam Prasad Singh and his relatives on 16.06.2017 at night. After objection, they came with Lathi, Bhala and Garasa for assault. In the meantime, informant and his relatives returned his house and called the police. Thereafter, petitioners entered into the house of informant and looted four bags of grans and Rs. 7,000/-. Petitioners demanded ransom of Rs. 5,00,000/- and they also set fire in bunch of paddy.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. Altogether 28 persons are named in the F.I.R. including the petitioners. No specific allegation has been made against the petitioners. No stolen property is said to have been recovered from possession of the petitioners. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest

Patna High Court CR. MISC. No.429 of 2021(2) dt.25-06-2021 3/3 or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned A.C.J.M., Sherghati, Gaya, in connection with Dobhi P.S. Case No. 316/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only each 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) U.K./- U T