Saniya Devi @ Soniya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55849 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== SANIYA DEVI @ SONIYA DEVI Wife of Rajendra Ram Resident of Village-Shahjahapur, P.S. and District-Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Vaishali P.S. Case no. 173 of 2019, registered under Sections 147, 148, 149, 341, 353, 332, 333, 307 and 504 of the Indian Penal Code.
The accusation is that on receiving the secret information about selling of country made liquor on the pretext of selling toddy, informant along with other Police personnel reached at village -Thikha then saw some persons were taking toddy in a hut. On seeing the Police personnel, they fled away. On search, nothing was recovered. Thereafter, informant and other Police personnel proceeded to village Subhai, in course of patrolling duty, they reached near tola
Patna High Court CR. MISC. No.55849 of 2019(2) dt.03-09-2019 2/3 Tikahai, 40 to 50 persons variously armed with weapons were seen. When Police stopped his vehicle and asked about gathering they all started hurling filthy abuses and started assaulting the Police personnel as a result of which informant and other Police personnel sustained injury. In the meanwhile, local Chowkidar reached there and identified 19 persons named in the F.I.R. including the petitioner as a member of mob. Learned counsel for the petitioner submits that, in fact, due to dirty village politics, the local Chowkidar disclosed the name of petitioner and 19 others due to grudge and enmity. The petitioner, who is a lady, has no criminal antecedent and similarly situated co-accused Dhaneshwari Devi and Girija Devi have already been granted privilege of pre-arrest bail by a co-ordinate Bench of this Court on 19.07.2019 vide Criminal Miscellaneous No. 44636 of 2019.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali in connection with Vaishali P.S. Case No. 173 of 2019,
Patna High Court CR. MISC. No.55849 of 2019(2) dt.03-09-2019 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T