Anju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70810 of 2018 Arising Out of PS. Case No.-294 Year-2018 Thana- ISLAMPUR District- Nalanda ====================================================== Anju Kumari, Wife of Dharmendra Kumar, Resident of Village- Lodipur, P.S.- Islampur, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/504/506/307/342/353 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case got initiated on the basis of written report dated 21.08.2018 submitted by Sachendra Singh to the Station House Officer, Islampur Police Station to the effect that on 21.08.2018 at 10.00 P.M., the informant along with other police personnel went to the Utkramit Madhya Vidyalaya Sirhari Tola Lodipur on the direction of the C.D.P.O., Islampur as on the alleged date selection of Sevika and Sahayika was to

Patna High Court Cr.Misc. No.70810 of 2018(2) dt.18-12-2018 2/3 be made in Atma Panchayat, but during course of selection proceeding 50-60 miscreans entered into the school and started creating disturbance in selection process. When the police tried to pacify the issue, the miscreants not only tore the uniform of the police personnel, but also abused and assaulted the police. Accusation of firing has also been levelled against the mob. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general. In fact, the Selection Committee wanted to select one Nitu Kumari as Sevika on the basis of forged certificate submitted by her and when the people protested such inaction of the authority, the present case has been lodged.

It is further submitted that one Rinku Kumari has also filed a complaint being Complaint Case No.595C of 2018 against the informant, CDPO and others for the said occurrence. Moreover, similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 72088 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the petitioner is named in the FIR with specific accusation.

Patna High Court Cr.Misc. No.70810 of 2018(2) dt.18-12-2018 3/3 similarly situated co-accused persons have been granted anticipatory bail, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Hilsa, Nalanda, in connection with Islampur P.S. Case No.294 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T