Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48675 of 2019 Arising Out of PS. Case No.-233 Year-2014 Thana- BELDOUR District- Khagaria ====================================================== 1.

Rinku Devi, Wife of Manoj Yadav, Resident of Village - Mali, P.S.- Beldour, District - Khagaria 2.

Manoj Yadav, Son of Gariblal Yadav, Resident of Village - Mali, P.S.- Beldour, District - Khagaria 3.

Sanoj Yadav, Son of Garib Lal Yadav, Resident of Village - Mali, P.S.- Beldour, District - Khagaria 4.

Amit Yadav, Son of Abhiram Yadav, Resident of Village - Mali, P.S.- Beldour, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-08-2019 This is an application for grant of anticipatory bail in connection with Beldour P.S. Case No. 233 of 2014, disclosing offences under Sections 341, 323, 353, 504, 34 of IPC. Allegation against the petitioners is that while the interview was going on with respect to appointment of Anganwari Sahayika, petitioner no.2 assaulted the Videographer and also snatched the register and other petitioners also assisting Manoj Yadav.

Submission of the learned counsel for the petitioners is that nothing has been attributed against them, except petitioner no.2 Manoj Yadav against whom, there is allegation

Patna High Court CR. MISC. No.48675 of 2019(2) dt.05-08-2019 2/2 of snatching and tearing the register and other accused persons have been granted privilege of anticipatory bail, vide order dated 28.06.2019 passed in Criminal Misc. No. 38435 of 2019. Heard learned A.P.P. also who has opposed the prayer for bail stating that in this case petitioners have already granted benefit of Section 41(1) of Cr.P.C. and as such, they should surrender and make prayer for regular bail before the learned court below.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners. However, the petitioners may move before the learned court below for regular bail, the same shall be considered by the learned court below on the basis of materials available on record and also the fact that they have already granted benefit of Section 41(1) of Cr.P.C. and considering the same, the learned court below shall dispose of the bail prayer of the petitioner, if possible, on the same day. With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T