Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7032 of 2018 Arising Out of PS. Case No.-80 Year-2016 Thana- SHAMBHUGANJ District- Banka ====================================================== Sarita Devi, Wife of Ram Chandra Mandal, Resident of Village-Kharia, P.S.- Bariyarpur, District-Munger.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad, Adv.
For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-02-2018 Heard Sri Brij Nandan Prasad, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending her arrest in Shambhuganj P.S. Case No.80 of 2016 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 353, 380, 427, 435, 504, 506, 120(B) of the Indian Penal Code and Sections 3 and 4 of Damage to Public Property Act, has prayed for grant of bail, in the event of her arrest or surrender, on the ground of parity.
It was submitted by learned counsel for the petitioner that some of other female accused, almost on similar footing, have been extended the privilege of anticipatory bail. He submits that two accused, namely, Rita Devi and Kiran Devi have been granted anticipatory bail vide order dated 04.10.2017 passed in
Patna High Court Cr.Misc. No.7032 of 2018(2) dt.13-02-2018 2/2 Cr.Misc.No.46130 of 2017. It has been argued that petitioner's case is almost similar to the case of the accused persons, who have been extended the privilege of anticipatory bail. The submission made by learned counsel for the petitioner was not disputed by learned Addl. Public Prosecutor. Accordingly, there is no reason to pass a different order. In view of facts and circumstances, in the event of her arrest or surrender within a period of six weeks from today, let the petitioner, namely, Sarita Devi be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No.80 of 2016, subject to condition as laid down in Section 438 (2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T