Parwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68008 of 2021 Arising Out of PS. Case No.-197 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== PARWATI DEVI Wife of Ram Kumar Ram, Resident of Village- Amada, P.S.- Rajnagar, District- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Adv.

Mr. Udeshya Kumar Yadav, Adv.

Mr.Vinod Kumar, Adv.

Mr. Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks pre-arrest bail in connection with Rajnagar P.S. Case No. 197 of 2020, registered under Sections 341, 504, 323, 324, 325, 307, 379/34 of the Indian Penal Code, later on added under Section 302 of the I.P.C. As per the allegation made in the F.I.R., there are four named accused persons and 30-35 unknown persons have attacked in the house of informant and assaulted the informant and others, which resulted into filing of the present F.I.R. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The date of occurrence is unless to takes place on 21.07.2020 whereas F.I.R. has been lodged on 26.07.2020 without expression of any delay. He

Patna High Court CR. MISC. No.68008 of 2021(2) dt.15-06-2022 2/2 further submits that the major Section neither 307 nor 379 are attracted in this case, as she is unknown. Petitioner is a house wife. He further submits that other similarly situated persons were granted bail vide order dated 27.05.2021 in Cr. Misc. No.23506 of 2021 by the the Co-ordinate Bench of this Court. Therefore, the petitioner may be granted bail. Learned A.P.P. has opposed the prayer for bail. Considering the facts and circumstances of the case that petitioner is not named in the F.I.R. and with a view to maintain parity, let the petitioner, above-named, in the event of her arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Madhubani, in connection with Rajnagar P.S. Case No.197 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application stands allowed.

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