Runa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71073 of 2021 Arising Out of PS. Case No.-356 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== RUNA DEVI W/o Late Surendra Manjhi R/o village- Chirri, P.S.- Ghoshi, District- Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.

The petitioner is apprehending her arrest in Ghosi P.S. Case No. 356 of 2021 registered under Sections 147, 148, 149, 341, 342, 323, 325, 333, 337, 338, 307, 353, 504, 379/427 of the Indian Penal Code.

Allegedly, while the police went to raid the house of petitioner and other co-accused in search of liquor. The act of

Patna High Court CR. MISC. No.71073 of 2021(2) dt.13-01-2022 2/3 police was protested by the local residents and family members of the petitioner.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. As per the prosecution case, the police party had gone to conduct a raid in the joint house of the petitioner in search of liquor. The local residents along with family members of the petitioner protested against the act of the police and because of this, a scuffle took place between the local residents and police. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Altogether 8 named persons along with 25-30 unknown persons have been made accused in the present case. The petitioner is a lady.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the

Patna High Court CR. MISC. No.71073 of 2021(2) dt.13-01-2022 3/3 present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No. 356 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T