Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55613 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- MAHISHI District- Saharsa ====================================================== 1.

Rubi Devi wife of Sri Shyam Yadav @ Kailu Yadav Village- Baghwa PsMahishi Dist- Saharsa 2.

Bindula Devi @ Sonmani Devi wife of Sri Manoj Yadav Village- Baghwa Ps- Mahishi Dist- Saharsa 3.

Sanjula Devi @ Mando Devi wife of Sri Shobhakant Yadav Village- Baghwa Ps- Mahishi Dist- Saharsa 4.

manoj Yadav son of Sri Rajendra Yadav Village- Baghwa Ps- Mahishi DistSaharsa 5.

Rajendra Yadav son of Ram Kishun Yadav Village- Baghwa Ps- Mahishi Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 353, 332, 337, 504, 506 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioners are said to have pelted stones over the police officials and also assaulted them with an intention to kill them.

Patna High Court CR. MISC. No.55613 of 2023(4) dt.27-02-2024 2/3

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. They have been falsely implicated in this case due to previous enmity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. No person was injured in the alleged occurrence. Similarly situated co-accused has been granted anticipatory bail by this Bench vide order dated 07.11.2023 in Cr. Misc. No. 83 of 2023. Petitioner nos. 1 & 2 have no criminal antecedent, whereas petitioner no.3 has one criminal antecedent and petitioner nos. 4 & 5 have two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the similarly situated co-accused has been granted anticipatory bail, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mahishi P.S. Case

Patna High Court CR. MISC. No.55613 of 2023(4) dt.27-02-2024 3/3 No. 83 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T