Om Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62592 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- KHIRI MORE District- Patna ====================================================== 1.
OM PRAKASH YADAV S/O RAM KEWAL YADAV R/O VILLAGEACHAL TOLA (CHAURI), PS. KHIRI MORE, DIST.PATNA 2.
SARSWATI DEVI @ SARSWATI KUMARI W/O SUBODH YADAV @ SUBHODH YADAV R/O VILLAGE- ACHAL TOLA (CHAURI), PS. KHIRI MORE, DIST.PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Singh For the Opposite Party/s :
Ms. Anita Kumari For the O.P. No. 2 :
Mr. Ashok Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel for the O.P. No. 2.
2. Learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no. 1, Om Prakash Yadav.
3. Permission is accorded.
4. Accordingly, the present anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 1.
5. The petitioner no. 2 apprehends her arrest in a case registered for the offences punishable under Sections 147, 148,
Patna High Court CR. MISC. No.62592 of 2023(4) dt.12-03-2024 2/3 149, 341, 323, 325, 307, 379, 337 and 338 of the Indian Penal Code read with Section 27 of the Arms Act.
6. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and from perusal of the allegation as alleged in the F.I.R., it would manifest that allegation of assault is against named accused persons leading to death of the injured, but then as far as this petitioner is concerned, the allegation against her is general and omnibus in nature. It is also submitted that the entire family members of the petitioner have been implicated and she being wife of Subodh Yadav, who is own brother of Omprakash Yadav, came to be implicated.
7. Learned A.P.P. for the State along with learned counsel for the O.P. No. 2 opposes the prayer for anticipatory bail of the petitioner but are not in a position to rebut the submission of he learned counsel for the petitioner that allegation against this petitioner is general and omnibus in nature.
8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.62592 of 2023(4) dt.12-03-2024 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khiri More P.S. Case No. 111 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T