Rinku Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43676 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Rinku Devi, Wife of Birendra Mandal,

2. Abhilasha Devi, wife of Dasharath Mandal,

3. Anju Devi, Wife of Kokan Mandal,

4. Kokan Mandal @ Shyam Sunder Mandal, S/o Berasi Mandal, all resident of Village- Karnpur, Police Station- Shambhuganj, District- Banka. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2017 Heard both sides.

Petitioners apprehend their arrest in Shambhuganj P.S. Case No.80 of 2016 under Sections 307, 353, 380, 427, 435 and other Sections of the Indian Penal Code and 3 and 4 of Damage to Public Property Act.

The informant S.H.O. of Shambhuganj P.S. named the petitioners along with other accused persons and alleged that they entered into the premises of the police station ransacked the police station and destroyed some documents.

Learned counsel for the petitioners submits that two sides quarreled with each other on account of land dispute on 11.6.2016

Patna High Court Cr.Misc. No.43676 of 2017 (2) dt.21-09-2017 2/3 in which Anandi Prasad Singh, Dhirendra Prasad Singh, Birendra Mandal and Rupma Devi were injured. They were sent to hospital for treatment but subsequently, Dhirendra Prasad Singh died during course of treatment as such many villagers ran away and ransacked the entire police station. Learned counsel for the petitioners further submits that the aforesaid petitioners are named in the F.I.R. but there is no specific allegation against the petitioners. Pankaj Kumar Paswan, the S.H.O. of Shambhuganj P.S. loged Shambhuganj P.S. Case No.79 of 2016 for the same occurrence making same allegation against the petitioners in which the petitioners have already been enlarged on anticipatory bail.

Many other accused persons, namely, Vishwanath Prasad Singh, Lalan Paswan and others have also been granted anticipatory bail in Shambhuganj P.S. case No.79 of 2016. The same informant Pankaj Kumar Paswan lodged Shambhuganj P.S. case No.80 of 2016 on same and similar allegation. Considering the facts aforesaid, petitioners above named, in the event of her arrest or surrender before the court below within four weeks from today, are directed to be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.43676 of 2017 (2) dt.21-09-2017 3/3 Shambhuganj P.S. Case No.80 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) N.H./- U T