Ramwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59305 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- SARSI District- Purnia ====================================================== 1.

Ramwati Devi, W/o Rajendra Yadav R/o village- Bela Champawati, P.S.- Sarsi, District- Purnea 2.

Ramanand Yadav S/o Late Ganeshi Yadav R/o village- Bela Champawati, P.S.- Sarsi, District- Purnea 3.

Sanjeev Kumar S/o Rajendra Yadav R/o village- Bela Champawati, P.S.- Sarsi, District- Purnea 4.

Reena Devi W/o Dhanjay Yadav R/o village- Bela Darbiya, P.S.- Sarsi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sarsi P.S. Case no. 120 of 2019, registered under Sections 186, 224, 225, 323, 332, 341, 342 and 353 of the Indian Penal Code.

The accusation is that in execution of the warrant of arrest issued from the Court of Smt. Ghzala Pravin, J.M. 2nd Class, Purnea, the informant and other Police personnel went in village-Champawati to arrest Rajendra Yadav, son of Late

Patna High Court CR. MISC. No.59305 of 2019(2) dt.20-09-2019 2/3 Ganeshi Yadav, he was found on Machan in front of his house. After showing the warrant of arrest, he was taken into custody, but his family members, namely, Ramawati Devi, Ramanand Yadav, Sanjeev Kumar and Reena Devi made obstacle in his arrest as such they made obstacle in discharge of the official duty.

Learned counsel for the petitioners submits that, in fact, Rajendra Yadav is accused in C.A. Case No. 509 of 2005 and due to misuse of privilege of bail, warrant of arrest was issued and he had surrendered in the Court of Smt. Ghzala Pravin, J.M. 2nd Class, Purnea on 26.07.2019 and he was granted bail on 27.07.2019, but with ulterior motive, the petitioners, who are family members of Rajendra Yadav, have falsely been implicated in this case. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M. Purnea in connection with Sarsi P.S. Case No. 120 of 2019, subject to

Patna High Court CR. MISC. No.59305 of 2019(2) dt.20-09-2019 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T