Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72250 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- KURTHA District- Jehanabad ====================================================== 1.

Renu Devi Wife of Kamlesh Kumar @ Kamlesh Yadav Village- Khem Karan Sarya, ps- Kurtha, Dist- Arwal 2.

Anu Kumari Wife of Deepak Kumar Village- Khem Karan Sarya, psKurtha, Dist- Arwal 3.

Kamlesh Kumar @ Kamlesh Yadav Son of Ramanand Yadav Village- Khem Karan Sarya, ps- Kurtha, Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-10-2024 Heard the parties.

2.

Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.3, as he has been arrested by the police during the pendency of the bail application.

3.

Permission is granted.

4.

Accordingly, this application as against the petitioner no.3 is dismissed as withdrawn.

5.

Now, this application is being heard only with regard to the petitioner nos.1 and 2.

6.

The petitioners apprehends their arrest in a case registered

Patna High Court CR. MISC. No.72250 of 2024(2) dt.29-10-2024 2/3 for the offence punishable under Sections 147, 149, 341, 323, 353, 504, 506 of the Indian Penal Code and 25(1-b)a, 26, 35 of Arms Act.

7.

As per the FIR, the allegation against the petitioners is that they assaulted the police officials who had went to arrest one Deepak Kumar. They also tried to flee away the arrested Deepak Kumar.

8.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner nos. 1 and 2 are ladies and there is no specific overt act against them. Petitioners have no criminal antecedent.

9.

Learned APP for the State opposed the prayer for anticipatory bail.

10.

Having regard to the facts and circumstances of the case, let the above named petitioner nos.1 and 2, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each

Patna High Court CR. MISC. No.72250 of 2024(2) dt.29-10-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kurtha P.S. Case No.103 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

11.

Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T