Sinki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79084 of 2023 Arising Out of PS. Case No.-377 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== 1.
SINKI DEVI WIFE OF LATE CHHOTU MANJHI R/O VILLAGEBHUPATIPUR, P.S.- RAMKRISHNA NAGAR, PATNA, BIHAR- 800020 2.
LAXMI DEVI WIFE OF SHRI GOLTEN MANJHI R/O VILLAGEBHUPATIPUR, P.S.- RAMKRISHNA NAGAR, PATNA, BIHAR - 800020 3.
PRAMILA DEVI WIFE OF SHRI MUNCHUN MANJHI R/O VILLAGEBHUPATIPUR, P.S.- RAMKRISHNA NAGAR, PATNA, BIHAR- 800020 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharam Deepak Vishwash :
Mr. Saurav Suman :
Mr. Adil Abbas :
Mr. Shaswat For the Opposite Party/s :
Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Ramkrishna Nagar Police Station Case No. 377 of 2023, disclosing offences under Sections 147, 149, 323, 307, 333, 337, 338, 353, 427, 504, 506 of the Indian Penal Code.
3. As per the First Information Report, on 19.06.2023, the police personnel were doing their work in the police station at about 15:30 Hrs, 100 to 150 people, along with the petitioners, of village Bhupatipur Mushari gathered near the
Patna High Court CR. MISC. No.79084 of 2023(6) dt.30-08-2024 2/3 police station, started abusing the police personnel, created ruckus and resorted to stone-pelting, due to which A.S.I., namely, Shambhu Nath Singh, sustained injury on his head. The accused persons became berserk, damaged the vehicles, tables, chairs of the police station and another staff Bhag Narayan Rai received injury due to brick batting. The accused persons forcibly entered into the police station and upon arrival of the additional force they were controlled.
4. Learned Counsel for the petitioners submits that husband of petitioner no. 1 namely Chotu Manjhi was taken into custody by the police on 16.06.2023 and subsequently, he died on 19.06.2023 in jail as per the statement of the police party. In the postmortem report, several bruises and signs of assault was found on the dead body. As such, the villagers got agitated and started making protest near the police station. In the lathi charge resorted by the police party upon the mob, one lady namely Vasantia Devi died. The petitioners are women and there are other accused persons in the First Information Report along with some unknown persons.
5. I have heard learned counsel for the parties. This Court has rejected the bail application of the similarly situated accused persons Guddu Manjhi and Gotelal Manjhi on the
Patna High Court CR. MISC. No.79084 of 2023(6) dt.30-08-2024 3/3 similar allegation, however, the petitioners are women, accordingly, this Court is inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four 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 Judicial Magistrate 1st Class, Patna Sadar, in connection with Ramkrishna Nagar Police Station Case No. 377 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T