Gita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46950 of 2019 Arising Out of PS. Case No.-435 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== GITA KUMARI D/O- Mithilesh Singh Resident Raghu Bigha, P.S.- Daudnagar, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Dubey For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-10-2019 The petitioner apprehends her arrest in connection with Budha Colony P. S. Case No. 435 of 2018 registered under Sections 147, 148, 149, 188, 323, 325, 332, 333, 337, 338, 341, 353, 427, 449, 450,451,452,461 and 120B of the Indian Penal Code and Sections 3 and 4 of the Damage to Public Property Act.

Allegation against the petitioners is that petitioner along with 166 persons started demonstrating in front of the new police line and damaged the Government property as well as the police vehicle standing there and also ransacked the office of the Dy. S.P. situated in the police line.

Learned counsel appearing on behalf of the petitioner submits that there is no specific allegation against the petitioner and the allegation against all 167 persons is general and

Patna High Court CR. MISC. No.46950 of 2019(5) dt.01-10-2019 2/2 omnibus in nature. He submits that for the same incident, two cases were lodged inasmuch as Budha Colony P.S.Case No. 436 of 2018 was lodged in which petitioner was made accused on the similar allegation. Learned counsel further submits that in Budha Colony P.S.Case No. 436 of 2018, petitioner has been granted bail in Cr.Misc. No. 48341 of 2019.

Having regard to the submissions made by the parties and taking into consideration the fact that there is general and omnibus allegation against the petitioner and petitioner has been granted bail having similar allegation in other case, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Judge-XVI-cum-ACJM, Patna in connection with Budha Colony P.S.Case No. 435 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T