Pooja Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54130 of 2015 Arising Out of PS.Case No. -63 Year- 2005 Thana -BARGANIA District- SITAMARHI ======================================================
1. Pooja Kumari Daughter of Late Kailash Paswan Resident of Village - Chaita, P.S. - Pakridayal, District - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-11-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,332,307 and 120B of the Indian Penal Code, sections 25(1-B) a, 26 and 27 of the Arms Act and section 17 of the Criminal Law Amendment Act.
The prosecution case is that the Officer Incharge of Riga police station received information through Superintendent of Police, Sitamarhi that members of banned MCC extremist organization have assembled in Bairgania area.
Thereafter, in presence of the Superintendent of Police and other senior police officers
Patna High Court Cr.Misc. No.54130 of 2015 (2) dt.30-11-2015 2/3 along with informant, surrounded the Piprahi Sultanpur village. Thereafter, MCC members started indiscriminate firing on the police party. The police party also made 20 rounds of firing in self defence. It is further alleged that the police party after firing, proceeded towards the village, thereafter the accused persons escaped from the scene. Some of the miscreants were apprehended from the spot with arms and ammunitions.
It is submitted by the learned counsel for the petitioner that the case was registered in 2005 and name of the petitioner sprang up in 2014 in the confessional statement of co accused Gauri Shankar Jha. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that similarly situated co accused Bablu Jee alias Mithu Ram has been granted anticipatory bail vide Cr. Misc. No. 39045 of 2015.
Considering the aforesaid facts, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with
Patna High Court Cr.Misc. No.54130 of 2015 (2) dt.30-11-2015 3/3 two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Bairgania P.S. Case No.63 of 2005 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T