Rukmani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74907 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== Rukmani Devi, wife of Chunnilal Patel, Resident of Arya Nagar, P.S.- Balthar, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate.
For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-03-2023 Heard Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar Jha, learned A.P.P. for the State, in virtual mode.
2. The petitioner who is in custody since 16.09.2022 seeks regular bail in connection with Balthar P.S. Case No. 44 of 2022 for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 338, 353, 186 and 188 of the Indian Penal Code.
3. As per F.I.R., 373 named persons including the petitioner and 100 unknown persons restored to blockage of road and committed violence with the police party in protest of death of one person.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. No specific overt act has been alleged against the petitioner and the allegation
Patna High Court CR. MISC. No.74907 of 2022(2) dt.04-03-2023 2/3 levelled against the petitioner is general and omnibus. He further submitted petitioner is female and she is in custody since 16.09.2022. Similarly situated co-accused have already been granted bail by coordinate Benches of this Court vide order dated 06.12.2022 passed in Cr. Misc. No. 46002 of 2022 and order dated 23.01.2023 passed in Cr. Misc. No. 71762 of 2022 and other analogous cases.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforementioned facts and circumstances of the case and the fact that petitioner is a female and she is in custody since 16.09.2022, the allegation levelled against her is general and omnibus, she only happens to be the member of the mob, charge sheet has already been submitted and there is no likelihood of the trial being concluded soon, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, West Champaran, Bettiah in connection with Balthar P.S. Case No. 44 of 2022, subject to the following conditions:-
(1) Bailors should be local having sufficient
Patna High Court CR. MISC. No.74907 of 2022(2) dt.04-03-2023 3/3 immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically loose its force.
(Purnendu Singh, J) Mantreshwar Minu/- U T