Lakshmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60116 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Lakshmi Devi W/O Madhukar Pandit R/o vill - Bhelaudi, P.S. - Choutham, Distt. - Khagaria 2.

Ruko Devi @ Rubi Devi W/o Bauki Muni @ Bauko Muni R/o vill - Bhelaudi, P.S. - Choutham, Distt. - Khagaria 3.

Sanjay Kumar Muni @ Sanjay Muni Son of Babulal Muni R/o vill - Bhelaudi, P.S. - Choutham, Distt. - Khagaria ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners in the present case are seeking prearrest bail in connection with Chautham P.S. Case No. 142 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 338, 427, 353, 307, 504, 506 of the Indian Penal Code. They have got no criminal antecedent.

3. As per the prosecution story, on 12.05.2023 at about 11:00 A.M., the informant along with other police personnel in compliance of Memo No. 509/Anu. Gogari reached at the house of Bijo Jha to maintain law and order. At 12 Noon some anti-social elements assembled there and pelted stones and

Patna High Court CR. MISC. No.60116 of 2023(2) dt.11-10-2023 2/3 bricks, thereafter the informant arrested Usha Devi, Neelam Devi, Devendra Tanti and Bishundeo Ram. On the basis of video footage and statement of Mahal Choukidar Raj Kishor Sharma, 62 FIR named and 20 unknown males and 20 unknown females created hindrance in discharging the duty of the police officials, damaged the vehicles of the police personnel, abused them and threatened them.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that the allegations against the petitioners are general omnibus.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the facts and circumstances of the case, there being general and omnibus allegations against several persons and the petitioner nos. 1 and 2 of this case are the female members whereas petitioner no. 3 has also been implicated in this case on the basis of general and omnibus allegations only, this Court directs that in case of their arrest or surrender within a period of four weeks from today, the petitioners above named be released on bail in connection with Chautham P.S. Case No. 142 of 2023 on furnishing bail bond of

Patna High Court CR. MISC. No.60116 of 2023(2) dt.11-10-2023 3/3 Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Khagaria, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. 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 antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T