Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73531 of 2018 Arising Out of PS. Case No.-273 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Rekha Devi, Wife of Naresh Harijan, Resident of VillagePuraini,P.S.Jagdishpur,Distt.-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 323, 324, 307, 325, 341, 504 and 506 of the IPC.
The prosecution case, as per the written report of Suresh Harijan, dated 25.05.2018, submitted to the Station House Officer, Jagdispur Police Station, is to the effect that in the background of dispute with regard to taking out soil from the drainage, seven accused persons assaulted the informant causing uprooting of his teeth.
Patna High Court Cr.Misc. No.73531 of 2018(2) dt.20-12-2018 2/3 It is submitted by learned counsel for the petitioner that the accusation against the petitioner is omnibus and general. There is counter version of the occurrence also, being Jagdishpur P.S. Case No. 274 of 2018, registered under Sections 323, 341, 354A, 504 and 506/34 of the IPC. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Moreover, similarly situated accused persons have been granted privilege of anticipatory bail by a coordinate Bench of this Court, vide Cr. Misc. No. 53098 of 2018. Learned APP submits that the petitioner is named in the FIR.
Considering the genesis of occurrence and the accusation being omnibus and general against the petitioner, coupled with the 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/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 273 of 2018, subject to the condition as laid down under
Patna High Court Cr.Misc. No.73531 of 2018(2) dt.20-12-2018 3/3 Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T