Phool Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55410 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- IMADPUR District- Bhojpur ====================================================== PHOOL KUMARI DEVI W/o Purnwashi Paswan R/V- Rajpur, P.S.- Imadpur, Distt- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Imadpur P.S. Case No. 93 of 2021 under sections 147, 148, 149, 341, 323, 307, 353, 427 and 379 of the Indian Penal Code. As per the prosecution story, the police has alleged that during patrolling, they got information that some miscreants are assaulting Budhu Paswan. When they reached there, 40-45 miscreants armed variously started throwing stones on the police vehicle and also attacked the patrolling party causing injuries to them. Accordingly, the FIR.

Learned counsel for the petitioner submits that she is lady and nothing to do with the alleged occurrence and only because she was standing on the road side, has been implicated

Patna High Court CR. MISC. No.55410 of 2022(2) dt.18-01-2023 2/2 along with a host of other persons.

The last submission is that similar placed coaccused Dharamvir Paswan and others have since been granted the privilege of anticipatory bail vide Cr. Misc. No. 60061 of 2021 disposed of on 11.7.2022 (Annexure-2).

Taking into account the aforesaid fact that the petitioner is not amongst the named accused persons, is a lady, has no criminal antecedent and others have been enlarged on anticipatory bail, this Court is inclined to grant her the privilege of anticipatory bail.

Let the petitioner be released on bail, in the event of her arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Bhojpur at Ara, in connection with Imadpur P.S. Case No. 93 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Ravi/- U T