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Patna High CourtCR. MISC./58465/2022allowed

Pariya Devi @ Paro Devi @ Paro Kumari v. The State Of Bihar

2023-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58465 of 2022 Arising Out of PS. Case No.-923 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

PARIYA DEVI @ PARO DEVI @ PARO KUMARI Daughter of Moti Risideo @ Moti Rishidev Resident of Village- Thila Mohan, P.S.- Forbesganj(Simraha), District- Araria 2.

BHADAI RISIDEO @ BHADAI RISHIDEV Son of Virshsapati Rishidev Resident of Village- Thila Mohan, P.S.- Forbesganj(Simraha), DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 447, 188, 186, 290, 353, 337, 338, 307, 332, 504 of the Indian Penal Code. Allegedly, petitioners along with other other accused persons attacked on police party. They pelted stones on police personnel which has caused injuries to the police personnel. They also damaged the police jeep. It is submitted by learned counsel for the petitioners are quite innocent and have not committed any offence as alleged. They have been falsely implicated in this case merely on suspicion. No such occurrence as alleged ever took place. Petitioners have been falsely

Patna High Court CR. MISC. No.58465 of 2022(2) dt.03-01-2023 2/2 implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that similarly situated co-accused have been granted anticipatory bail by the co-ordinate bench of this Court in Cr.Misc. No. 2387 of 2020 vide order dated 09.07.2020 and Cr. Misc. No. 12671 of 2020 vide order dated 09.07.2020. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the similarly situated co-accused persons have been granted anticipatory bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Forbesganj (Simraha) P.S. Case No.923 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.