Mithlesh Devi @ Mithilesh Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36484 of 2018 Arising Out of PS.Case No. -16 Year- 2017 Thana -PIYAR District- MUZAFFARPUR ======================================================
1. Mithlesh Devi @ Mithilesh Devi, W/o Bindu Ram,
2. Ramsakhi Devi, W/o Devendra Ram,
3. Nagendra Ram, S/o Late Ramji Ram,
4. Ramdulari Devi, W/o Nagendra Ram, petitioner Nos. 1,2,3 and 4 are resident of Village- Kumaharauli, P.S.- Gayghat, District- Muzaffarpur.
5. Moti Ram, S/o Late Mahendra RAm,
6. Kiran Devi, W/o Pappu Ram
7. Fulo Devi, W/o Chunnu Ram,
8. Sunita Devi, W/o Maheshwar Ram, petitioner nos. 5,6,7,8 are resident of Village- Bandra Toli, Cahndauli, P.S.- Piar, District- Muzaffarpur. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Adv. For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2018 The petitioners are apprehending their arrest in connection with Piar P.S. Case No. 16 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 342, 323, 353, 332, 333, 427, 440, 307, 120(B), 504 and 506 of the I.P.C. Allegation against the petitioners is that when police party went for an enquiry to a matter Mithlesh Devi @ Mithilesh Devi petitioner no.1 abused the police party and also assaulted the police party and other petitioners are also named in the F.I.R. It has been submitted on behalf of the petitioners that Mithlesh Devi aged about 63 years and petitioner no.3 is also aged
Patna High Court Cr.Misc. No.36484 of 2018 (3) dt.20-07-2018 2/3 about 76 years and they have been falsely implicated in this case and so far remaining petitioners are concerned, no specific allegation has been attributed to them.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, so far petitioner no.1 Mithlesh Devi is concerned that I am not inclined to give privilege of anticipatory bail rather she should surrender before the learned lower court and pray for regular bail which would be considered on the merit of the case. So far other petitioners are concerned in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sub Judge, V-cum-A.C.J.M, Muzaffarpur, in connection with Piar P.S. Case No. 16 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
Patna High Court Cr.Misc. No.36484 of 2018 (3) dt.20-07-2018 3/3 (ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
With the above observation, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/Ranjeet/- U T