Paro Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.40165 of 2017 (4) dt.10-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40165 of 2017 Arising Out of PS.Case No. -58 Year- 2015 Thana -PAKARIBARAWN District- NAWADA ======================================================

1. Paro Devi wife of Mukesh Chaudhary, resident of Village- Keshochak, Police Station- Pakribarawan, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-10-2017 This case has been brought under the heading "To Be Mentioned."

It appears from the order dated 21.09.2017, the petitioner, above named, has been granted anticipatory bail by this Court but inadvertently in the said order different set of facts and submission of learned counsel for the petitioner have been recorded, therefore, the said order is rescinded and following order is being passed;

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Pakribarawan Police Station Case No. 58 of 2015, disclosing offences under Sections 147, 148, 149, 323, 324, 307, 353 and 427 of the Indian Penal Code.

Patna High Court Cr.Misc. No.40165 of 2017 (4) dt.10-10-2017 Learned Counsel for the petitioner has submitted the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner, who is a lady, is only alleged to have been a member of mob and there is general and omnibus allegation and no specific overt act is attributed against her. Moreover, co-accused, Gano Chaudhary and Sabo Devi have already been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 48392 of 2015 and the case of this petitioner stands of better footing. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Nawada in connection with Pakaribarawan Police Station Case No. 58 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T