Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71051 of 2021 Arising Out of PS. Case No.-643 Year-2021 Thana- SUPAUL District- Supaul ====================================================== 1.

GITA DEVI Wife of Arun Rajak Resident of village - Chakla Nirmali, Ward No.- 07, P.S. and District - Supaul 2.

Arun Rajak Son of Late Sukal Rajak Resident of village - Chakla Nirmali, Ward No.- 07, P.S. and District - Supaul 3.

Mantosh Rajak Son of Arun Rajak Resident of village - Chakla Nirmali, Ward No.- 07, P.S. and District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2022 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Learned counsel for the petitioners submits that though in the first paragraph of the petition, "P.S. Case No. 643 of 2021" has rightly been mentioned but inadvertently, in the prayer portion, of the petition, "P.S. Case No. 63 of 2020" has wrongly been mentioned.

Accordingly, counsel for the petitioners is permitted to make necessary correction in the prayer portion of the main

Patna High Court CR. MISC. No.71051 of 2021(3) dt.04-03-2022 2/3 petition.

The petitioners are apprehending their arrest in Supaul P.S. Case No. 643 of 2021 registered for the offence under Sections 224 & 353 of the Indian Penal Code.

Prosecution case in short is that the petitioners along with others protested against the arrest of accused persons of Supaul P.S. Case No. 407 of 2021.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Local residents protested against the arrest of co-accused. General and omnibus allegation has been made against all the accused persons in the present case. No specific overt act is alleged against the petitioners. The offences are triable by Magistrate. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, 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 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Supaul in connection with Mahila (Supaul) P.S. Case

Patna High Court CR. MISC. No.71051 of 2021(3) dt.04-03-2022 3/3 No. 643 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T