Ramkumari Devi @ Ram Kumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54745 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== 1.
Ramkumari Devi @ Ram Kumari Devi W/O Rampukar Mahto 2.
Renu Devi W/O Ramtahal @ Ramtahal Mahto Both R/o Village- Madna, PS- Andhratharhi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-08-2025 Heard Mr.Jitendra Kumar Bharti, learned counsel for the petitioners and Mr.Rajendra Prasad Nat, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Andhratharhi P.S. Case No.147/2024, corresponding to G.R.No.1696/2024, FIR dated 23.10.2024 for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 132, 324, 109, 121(1), 121(2), 352 and 351(2) of the B.N.S., 2023.
3. According to prosecution case, the petitioners were creating obstruction in WPU work.
4. Learned counsel for the petitioners submits that
2/4 the petitioners have clean antecedent. As per allegation in the FIR, the petitioners and other co-accused persons have created obstruction for construction work of WPU on the government land. Learned counsel for the petitioners submits that although the petitioners are named in the FIR but there is no specific allegation of any assault or overt-act attributed against the petitioners in the FIR rather there is general and omnibus allegation against all the accused persons including the petitioners and similarly situated co-accused persons namely, Vindey Saday @ Binde Saday and others have been granted privilege of anticipatory bail by this Court vide order dated 23.06.2025 passed in Cr. Misc. No.38336 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts, petitioners have clean antecedent, there is no specific allegation of any assault or overt-act attributed against the petitioners in the FIR and similarly situated co-accused persons have been granted privilege of anticipatory bail this Court, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail
3/4 bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani in connection with Andhratharhi P.S. Case No.147/2024, corresponding to G.R.No.1696/2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2)of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners.
4/4 However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T