Gayatri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61813 of 2018Out of PS. Case No.-60 Year-2018 Thana- PATAHI District- East Champaran ====================================================== Gayatri Devi, Wife of Rudal Sahani, Resident of Village- Mishra Tola, P.S. Patahi, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-12-2018 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 332, 333, 337 and 353 of the IPC and 3⁄4 Prevention of Damage to Public Property Act, 1984. The prosecution case is that Narendra Kumar, S.I. cum S.H.O., Patahi P.S., submitted a written report before the learned 8th A.C.J.M., East Champaran, dated 14.04.2018, is to the effect that on the same day at 02.30 P.M., the informant received some information that Naxalite accused, namely, Rudal Sahani of Patahi P.S. Case No. 191 of 2017 has come to visit his house and whereupon a raid was laid. It is further alleged that the petitioner, being the wife of the Naxalite accused Rudal Sahani, obstructed the police force and pelted stone over them, as a result of which the informant and other police officials received injuries. It is submitted by the learned counsel for the petitioner that
Patna High Court Cr.Misc. No.61813 of 2018(2) dt.10-12-2018 2/3 the petitioner is a lady and has falsely been roped in the present case, since she happens to be wife of the Naxalite accused, Rudal Sahni. It is further submitted that there is no specific accusation against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
It is submitted by the learned APP that the petitioner is named in the FIR.
Considering the fact that the accusation is against the mob no specific accusation being made against the petitioner and petitioner being a lady coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on provisional anticipatory bail for four months in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 8th A.C.J.M., East Champaran at Motihari in connection with Patahi P.S. Case No. 60 of 2018 subject to the condition as laid down under Section 438(2) of the Cr. P.C.
The provisional bail of the petitioner will be
Patna High Court Cr.Misc. No.61813 of 2018(2) dt.10-12-2018 3/3 confirmed by the learned Court below after getting report of the concerned police station about the conduct of the petitioner. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T