Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49862 of 2023 Arising Out of PS. Case No.-114 Year-2020 Thana- DANIYAWAN District- Patna ====================================================== Sanju Devi, aged about 27 years, Female, W/O Yogendra Paswan, R/O Village- Salarpur dih, P.S- Daniyawan, Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Daniyawan P.S. Case No. 114 of 2020 dated 26.07.2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 353, 333, 307, 427 and 504 of the I.P.C.

3. As per prosecution case, the petitioner and the coaccused persons are alleged to have attacked the police personnel and injured some personnel by brick-batting, pelting stones and assaulting with the lathi.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely been

Patna High Court CR. MISC. No.49862 of 2023(3) dt.17-02-2024 2/3 implicated in the present case. It is submitted that there is general and omnibus allegation against the petitioner. The petitioner is only a member of unlawful assembly. It is further submitted that there is no allegation of overt act against the petitioner and the specific allegation of overt act is alleged against the co-accused Ranjit Prasad. The other co-accused persons have already been granted anticipatory bail by another Co-ordinate Benches of this Court vide Cr. Misc. No. 40103/2020 under order dated 22.10.2021, Cr. Misc. No. 39792/ 2020 under order dated 20.09.2021, Cr. Misc. No. 2424/2021 under order dated 24.11.2021, Cr. Misc. No. 6141/2021 under order dated 17.12.2021, Cr. Misc. No. 4833/2022 under order dated 24.03.2022 and Cr. Misc. No.

72028/2022 under order dated 06.04.2023. It is further submitted that during investigation, police has not found any legal evidence to suggest the implication of the petitioner in the present case. The petitioner is a lady. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5.Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of her

Patna High Court CR. MISC. No.49862 of 2023(3) dt.17-02-2024 3/3 arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna City, Patna in connection with Daniyawan P.S. Case No. 114 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T