Hema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1816 of 2024 Arising Out of PS. Case No.-153 Year-2023 Thana- HATHAURI District- Samastipur ====================================================== 1.

Hema Devi, aged about 34 years, Female Wife of Kamal Kishor Singh. 2.

Kamal Kishor Singh, aged about 36 years, Male Son of Raj Kumar Singh, Resident of Village- Ward No.-10, Ghiwahi, P.S- Hathauri (Shivajinagar O.P.), District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Hathauri (Shivajinagar O.P.) PS Case No.153 of 2023 instituted for the offences punishable under Sections 147, 149, 341,323,353,332,337,224,225,427,379 and 504 of the Indian Penal Code.

3. As per the prosecution case, 13 persons named and 9-10 persons unknown started pelting bricks-stone and assaulted the police personal by means of lathi-danda.

Patna High Court CR. MISC. No.1816 of 2024(2) dt.29-01-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent have committed no offence have falsely been implicated in this case on mere suspicion. There is general and omnibus allegation against these petitioners. Petitioners have no criminal antecedent.

5. From perusal of the records, it appears from the order of the learned Additional District and Sessions Judge-I, Rosera, Samastipur, that there is no injury report mentioned in the impugned order dated 07.11.2023, no specific allegation levelled against these petitioners and petitioner no. 1 is a lady.

6. Learned APP opposes the prayer for anticipatory bail of the petitioners.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, let the petitioners above named be released on bail upon furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Rosera, Samastipur in connection with Hathauri (Shivajinagar O.P.) PS Case No. 153 of 2023, subject to the conditions laid down in Section 438(2) of the Code of

Patna High Court CR. MISC. No.1816 of 2024(2) dt.29-01-2024 3/3 Criminal Procedure with condition that one of the bailors shall be close relative of the petitioners.

(Ramesh Chand Malviya, J) Anand Kr.

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