Bunni Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51236 of 2018 Arising Out of PS.Case No. -211 Year- 2017 Thana -GAURICHAK District- PATNA ======================================================

1. Bunni Devi, W/o Sri Naresh Prasad.

2. Sunaina Devi, W/o Bahadur Bind.

3. Gaya Paswan, S/o Lal Babu Paswan, All resident of Village- Beldari Chak, P.S.- Gauri Chak, District- Patna.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

At the very outset, learned counsel for the petitioners submits that during pendency of this application, the petitioner No. 3 has already been arrested. Hence, this application with regard to petitioner No. 3 has become infructuous.

As such, this application against petitioner No. 3 is dismissed as withdrawn.

The petitioner Nos. 1 & 2 are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 307, 353, 435, 427 of the Indian Penal Code.

The prosecution case, in brief, is that they accused persons broke glasses of 15 to 20 vehicles causing injuries to the people and further

Patna High Court Cr.Misc. No.51236 of 2018 (5) dt.05-10-2018 allegation is that, they had obstructed the traffic on main Gaya-Patna road and also attacked the police party.

It has been submitted on behalf of the petitioner Nos. 1 & 2 that they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner Nos. 1 & 2. The petitioner Nos. 1 & 2 are ladies. General and omnibus allegation has been made against the other accused including the petitioners that they protested against the police. There is no injury report on the record to show that any offence u/S 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner Nos. 1 & 2 are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner Nos. 1 & 2, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Patna City in connection with Gaurichak P.S. Case No. 211 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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