Kamla Kunwar @ Kamal Kunwar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36642 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -KAARAMCHAT SAHAYAK DistrictBHABHUA (KAIMUR) ======================================================
1. Kamla Kunwar @ Kamal Kunwar W/o late Rama Shankar Ram
2. Binod Ram, S/o Devmuni Ram, both are Vill. and P.O. Dhav Pokhar, P.S. Karamchat, District - Kaimur (Bhabhua) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh No-10 For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Karamchat P.S. Case No. 32 of 2016 registered under Sections 147, 148, 149, 297, 295(a), 353, 341, 188, 323, 307, 504 and 506 of the Indian Penal Code.
The accusation is that on receiving information about some miscreants have dismantling the angles fixed on the cremation ground of Muslim community and they were not allowing the cremation of dead body of Rafique Ansari, when the Police Force reached there, the mob started pelting stones causing injury to the Police Personnel, in which 17 persons were identified, including the petitioners.
Patna High Court Cr.Misc. No.36642 of 2016 (2) dt.17-09-2016 2/2 Learned counsel appearing on behalf of the petitioners submits that there is no specific allegation against the petitioners. Further submission is that petitioner no.1 is lady and has falsely been implicated in this case whereas petitioner no.2 is accused in Karmchat P.S. Case No. 30 of 2015 with regard to the dispute of burial ground, in which he is on bail. It is also submitted that similarly situated co-accused Lali Ram and Sukuwari Devi have already been allowed anticipatory bail by a Bench of this Court vide Cr. Misc. No.33593 of 2016 on 09.08.2016.
Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Kaimur at Bhabhua in connection with Karamchat P.S. Case No. 32 of 2016 (G.R. No. 1586 of 2016), subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Rajendra Kumar Mishra, J) Shail/- U T