Radhika Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61087 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Radhika Devi Wife Of Chandrika Mahato Resident Of Village - Bishunpurdih, Police Station - Bhopatpur O.P., District - East Champaran, At Present Resident Of Village - Jasauli Jamuniya, P.S. - Kotwa, District - East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Karandeep Kumar, Advocate For the Opposite Party :
Mr. Dinesh Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Kotwa P.S. Case No. 51 of 2023 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 337, 338, 427, 353, 504 and 506 of the Indian Penal Code.
3. The case of prosecution, in short, is that a person in an intoxicated condition was apprehended when accused persons including 50-60 unknown persons came and assaulted the police party and damaged vehicle and the apprehended accused fled.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has falsely been implicated in this
Patna High Court CR. MISC. No.61087 of 2023(2) dt.11-10-2023 2/2 case. It is submitted that the petitioner is an advanced aged lady. From the perusal of the First Information Report, it appears that the allegation against the petitioner is general and omnibus. It is further submitted that other six similarly situated co-accused have been granted bail by a co-ordinate Bench of this Court vide a common order dated 01.08.2023 passed in Cr. Misc. No. 38081 of 2023. Lastly, it has been submitted that she has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kotwa P.S. Case No. 51 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrage, East Champaran at Motihari, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Shanu/- U T