Rambha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4072 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.
RAMBHA DEVI, W/O SUKUL RAWAT Resident of Village - Kathak Goar, P.S.- G.B.Nagar, Distt.- Siwan.
2.
DHARMAWATI DEVI, W/o LATE LAL BAHADUR RAWAT Resident of Village - Kathak Goar, P.S.- G.B.Nagar, Distt.- Siwan. 3.
POOJA KUMARI, D/O LATE LAL BAHADUR RAWAT Resident of Village - Kathak Goar, P.S.- G.B.Nagar, Distt.- Siwan. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Prasad, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2021 Heard Mr. Naresh Prasad, learned Counsel for the petitioners and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of G.B. Nagar Police Station Case No. 251 of 2020, disclosing offences under Sections 147, 148, 149, 341, 323, 341, 325, 307, 353, 332, 333, 504 and 506 of the Indian Penal code and Section 45 of Bihar Prohibition and Excise Act, 2016. The allegation, as per the First Information Report is that the petitioner along with 41 named accused persons and 150-200 unknown persons attacked on the police party.
Patna High Court CR. MISC. No.4072 of 2021(2) dt.24-03-2021 2/3 Learned counsel for the petitioners submits that the petitioner No.1 and 2 are only named in the FIR and no overtact has been alleged against them whereas there is specific allegation against five named accused persons. Learned counsel next submits that the allegation against the petitioner No.1 and 2 is general and omnibus in nature and by the impugned order, the bail application of 19 persons was rejected by the learned Court below, out of which ten persons have been granted bail by a Coordinate Bench of this Court in Cr. Misc. No.40790 of 2020. Learned counsel next submits that both the petitioners are ladies and they are in custody since 22.09.2020. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that similarly situated accused persons have been granted bail by a Coordinate Bench of this court, I am inclined to grant regular bail to the petitioner No.1 and 2.
Insofar as petitioner No.3 is concerned, learned counsel for the petitioner seeks permission to withdraw this application on the ground that she has been declared juvenile. Permission is granted.
This application against petitioner No.3 is dismissed as withdrawn.
Patna High Court CR. MISC. No.4072 of 2021(2) dt.24-03-2021 3/3 Accordingly, let the petitioner No.1, Rambha Devi and petitioner No.2, Dharmawati Devi, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Siwan, in connection with G.B. Nagar Police Station Case No. 251 of 2020.
It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) sanjeev/- U T