Rina Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27207 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -MANJHI District- SARAN ======================================================
1. Rina Devi, D/o Gautam Chaudhary,
2. Kalawati Devi, Wife of Gautam Choudhary, Both are Resident of Village- Chauwaha, P.S.- Manjhi, District- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Manjhi Police Station Case No. 55 of 2017, disclosing offences under Sections 272, 273, 147, 353, 337, 225 of the Indian Penal Code and Section 30 (A)/45 of the Bihar Excise Act, 2016.
The petitioners are ladies. They have been named in the First Information Report with six others, with the allegation that they got an accused forcibly released from the custody of the police, who was arrested while in possession of four litres of country-made liquor. It appears from the First Information Report lodged at the instance of
Patna High Court Cr.Misc. No.27207 of 2017 (2) dt.01-07-2017 2/3 a Police Officer that 30-40 persons had allegedly joined together to get the said accused released from the custody of the police.
Learned Counsel for the petitioners has submitted that though there is allegation of pelting stones against a mob, consisting of 40-50 people, but no member of the police party has received any injury.
Considering the above submission and specially the fact that the petitioners are ladies, this application is allowed.
Let the petitioners, namely, Rina Devi and Kalawati Devi, 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 Additional Sessions Judge VI -cum- Special Court (Excise Act), Saran, at Chapra, in connection with Manjhi Police Station Case No. 55 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before
Patna High Court Cr.Misc. No.27207 of 2017 (2) dt.01-07-2017 3/3 the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √