Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60904 of 2021 Arising Out of PS. Case No.-222 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== SANGITA DEVI W/o SANTOSH PASWAN (DAUGHTER IN LAW OF MARO PASWAN), R/o VILLAGE-MANJAHUL 01, KHOIR TOLA, P.S.- CHERIYA BARIYARPUR (MANJAHUL O.P.), DISTRICT-BEGUSARAI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yogesh Kumar, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 353, 323, 504, 332, 337, 338, 188, 120B of the IPC. Allegedly, one Mithilesh Sada and his family members committed murder of Mantun Paswan and disappeared his body. The informant (A.S.I.) after getting such information, went to the place of occurrence and recovered the dead body but the
Patna High Court CR. MISC. No.60904 of 2021(2) dt.11-07-2022 2/3 family members of the deceased and villagers snatched the dead body and about 200-500 male and female anti-social elements committed rue and demanded compensation. In the meantime, the mob including the petitioner started assaulting them by means of lathi, danda due to which police personnel sustained injuries.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The FIR has been lodged against 25 named and 200-250 unknown persons. The petitioner is said to be a member of the mob. Several other similarly situated co-accused have been granted anticipatory bail vide order dated 03.03.2022, passed by co-ordinate Bench of this Court in Cr. Misc. No.39403 of 2021. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, in the event of
Patna High Court CR. MISC. No.60904 of 2021(2) dt.11-07-2022 3/3 her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Cheriya Bariyarpur P.S. Case No.222 of 2020 (G.R. No.327/20), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T