Manita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 61580 of 2024 Arising Out of PS. Case No.-270 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Manita Devi wife of Baldeo Paswan Village- Panapur Gaurahi, P.S.- Hajipur Sadar, Disrict- Vaishali.

2.

Sarita Devi Wife of Raghunath Paswan Village- Panapur Gaurahi, P.S.- Hajipur Sadar, Disrict- Vaishali.

3.

Jaimala Devi Wife of Jagan Paswan Village- Panapur Gaurahi, P.S.- Hajipur Sadar, Disrict- Vaishali.

4.

Parvati Devi Wife of kanta paswan Village- Panapur Gaurahi, P.S.- Hajipur Sadar, Disrict- Vaishali.

5.

Ranju Devi wife of vinod Paswan Village- Panapur Gaurahi, P.S.- Hajipur Sadar, Disrict- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Hajipur Sadar P.S. Case No.270 of 2024 under Sections 147, 148, 149, 323, 324, 307, 353, 332, 333, 504 and 506 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against 36 named and 50 unnamed accused persons against

Patna High Court CR. MISC. No. 61580 of 2024(2) dt.11-09-2024 2/3 whom there is allegation made by the Inspector of the Police Station that they have visited for investigation in the village of an accused then, the accused persons have surrounded the police and started assaulting from every corner. In result, police party was badly injured and some of the police officials become unconscious.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that the petitioners are female and there is no specific allegation against them.

5. Counsel also submits that antecedent of the petitioners is clean. He further submits that no offence has been constituted against the petitioners under which case has been lodged.

6. Learned APP for the State opposes the prayer for bail and the petitioners along with other member of mob have assaulted the police party. He further submits that it is true that there is no specific allegation against them, but by virtue of attack, the police party become brutally injured and some of the police officials become unconscious and they were admitted to the hospital.

7. In the present facts and circumstances, this Court

Patna High Court CR. MISC. No. 61580 of 2024(2) dt.11-09-2024 3/3 finds that it is not a case of anticipatory bail rather it is fit for regular bail. As such, this Court is not inclined to grant anticipatory bail to the petitioners, therefore the bail application of the petitioners is hereby rejected.

8. However, trial Court is directed to consider the regular bail application of the petitioners on merit, if they surrender and pray for regular bail without being prejudice of the present order preferably on the same day.

9. With the aforesaid direction, the present bail application stands disposed off.

(Dr. Anshuman, J.) Prakashmani/- U T