Rita Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62992 of 2018 Arising Out of PS.Case No. -174 Year- 2018 Thana -MAIRWAN District- SIWAN ======================================================
1. Rita Devi W/o-Dipu Chauhan,
2. Tetari Devi, W/o-Amar Chauhan, Both Resident of Village- Nawaka Tola, P.S.-Mairwa, District-Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhakar Singh For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 307, 452, 332, 333, 337, 353, 427 of the Indian Penal Code.
The prosecution case, in brief, is that 350-400 persons came at Mairwa police station at night and started putting pressure on police force to get rescued accused Dipu Chouhan who was arrested in an Excise Case. It is also alleged that 8-10 persons wrapped their face, started pelting stones on police personnel. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The
Patna High Court Cr.Misc. No.62992 of 2018 (2) dt.11-10-2018 petitioners have been falsely implicated in the present case. The name of these petitioners transpired on the basis of disclosure made by local Chowkidar. Altogether 40 persons ared named along with 350-400 unknown persons. No specific overt act has been attributed against the petitioners. No injury is alleged to have been caused by these petitioners.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIIth, Siwan in connection with Mairwa P.S. Case No. 174 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T