Bachiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72985 of 2023 Arising Out of PS. Case No.-353 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

BACHIYA DEVI W/O MOHAN YADAV KABARIYA (NAVTOLI), PS. SADAR, DIST. DARBHANGA 2.

JASO DEVI W/O RANJEET KUMAR YADAV KABARIYA (NAVTOLI), PS. SADAR, DIST. DARBHANGA 3.

SAVITRI DEVI W/O LATE ABHIMANNU YADAV KABARIYA (NAVTOLI), PS. SADAR, DIST. DARBHANGA 4.

RITA DEVI @ GITA DEVI W/O NARESH YADAV KABARIYA (NAVTOLI), PS. SADAR, DIST. DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Sadar P.S. Case No. 353 of 2018 registered for the offences punishable under Sections 147, 148, 188, 353, 337 and 338 of the Indian Penal Code.

3. As per prosecution case, petitioners and others are alleged to have made hindrance in official duty of informant and others who have come to remove the encroachment from the land in question in connection with M.J.C. No. 207/2018.

Patna High Court CR. MISC. No.72985 of 2023(2) dt.10-11-2023 2/3 When the informant tried to pacify the situation, petitioners alongwith others started pelting bricks and stone on the informant and police personnel and after assessing the situation uncontrolled, Circle Officer stopped the work of remaining encroachment.

4. Learned counsel for the petitioners submits that petitioners are lady. He further submits that petitioners are alleged to be merely a member of mob and they have nothing to do with the alleged occurrence. There is no specific allegation against the petitioners rather the allegation against them are general and omnibus in nature. Petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioners bear no criminal antecedent.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case, petitioners being lady having clean antecedent, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be

Patna High Court CR. MISC. No.72985 of 2023(2) dt.10-11-2023 3/3 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Sadar P.S. Case No. 353 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T