Sunaina Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.6436 of 2017 (2) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6436 of 2017 Arising Out of PS.Case No. -8 Year- 2016 Thana -PANJWARA District- BANKA ======================================================

1. Sunaina Devi, W/o Anil Mandal, Resident of Nayanagri, P.S.- Panjwara, District- Banka.

2. Mala Devi, W/o Upendra Mandal, Resident of Nayanagri, P.S.- Panjwara, District- Banka.

3. Sunita Devi @ Sunita Kumari, W/o Deepak Mandal, Resident of Nayanagri, P.S.- Panjwara, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Panjwara Police Station Case No. 08 of 2016, disclosing offences under Sections 353, 379, 147, 148, 149, 341, 201 and 411 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners, who happen to be lady, and no specific overt act is attributed to them. Altogether, thirteen persons have been named in the F.I.R. and 20-25 persons are said to have been unknown

Patna High Court Cr.Misc. No.6436 of 2017 (2) dt.20-02-2017 persons. The nature and manner of allegation leveled in the F.I.R., itself goes to show that these three old ladies, who are of clean antecedent, have unfortunately been implicated in this case for their no fault. No case is made out against these petitioners in order to make them liable to be punished in any manner. Hence, these petitioners deserve the sympathetic view of this Court and may be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Panjwara Police Station Case No. 08 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T