Sharmila Devi @ Sharmila Kumari @ Sharmili Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71521 of 2022 Arising Out of PS. Case No.-273 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== 1.

Sharmila Devi @ Sharmila Kumari @ Sharmili Devi W/O Suresh Yadav Resident of village- Pranpur Nim Dih, P.S.- Madan Pur, DistrictAurangabad. 2.

Suresh Yadav S/O Chandeshwar Yadav Resident of village- Pranpur Nim Dih, P.S.- Madan Pur, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manisha Prakash, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-05-2023 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioners are named in F.I.R. and apprehending their arrest in connection with Madanpur P. S. Case No. 273 of 2022 registered for the offences punishable under Sections 147, 149, 323, 354, 427, 504 and 506 of the Indian Penal Code and 3/4 of Witches Act.

The allegation against both above named petitioners is to assault informant and also to abuse her as a daain and further

Patna High Court CR. MISC. No.71521 of 2022(2) dt.02-05-2023 2/3 to outrage her modesty, whenever she steps out from her house. Learned counsel appearing on behalf of the petitioners submitted that the allegation against both petitioners is appearing very vague general and omnibus which is arises out of neighbourhood dispute and differences. It is submitted that similarly situated co-accused persons have already been granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 61342 of 2022 vide order dated 23.02.2023. While concluding the argument, it is submitted that both petitioners are persons of clean antecedent. Learned APP for the State opposes the prayer of anticipatory bail.

Considering the aforesaid facts and circumstances and by taking note of the nature of accusation, which is appearing very vague general and omnibus, accordingly both above named petitioners, in the event of their arrest or surrender before learned Court below within a period of four weeks, are directed to be released on anticipatory bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad/concerned Court, in connection with Madanpur P. S. Case No. 273 of 2022, subject to the conditions

Patna High Court CR. MISC. No.71521 of 2022(2) dt.02-05-2023 3/3 as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T