Ramrati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78845 of 2018 Arising Out of PS. Case No.-383 Year-2013 Thana- PUPRI District- Sitamarhi ====================================================== Ramrati Devi W/o Raj Kumar Paswan R/vill-Jaitpur, P.S-Pupri,Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Jha For the Opposite Party/s :
Mr.Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 This application, for grant of anticipatory bail, arises out of Pupri P.S. Case No. 383/13, disclosing offences under Sections 341, 342, 504, 506 and 353 of the Indian Penal Code. Allegation against the petitioner that when the police went to remove the encroachment over the land, the petitioner and other co-accused abused them and threaten them to falsely implicated in a case under SC/ST Act.
Submission of learned counsel for the petitioner is that she has falsely been made accused in this case and no such offence has ever taken place and earlier the petitioner was given the benefit under Section 41 Cr.P.C. and were released during pendency of the investigation and now charge-sheet has been submitted.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.78845 of 2018(2) dt.11-01-2019 2/2 Having heard both sides, in view of the above facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below after considering the fact that earlier the petitioner was given the benefit of Section 41 Cr.P.C and she has not misused the same, will pass an appropriate order, if possible on same day.
This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T