Asha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72815 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- GAIGHAT District- Muzaffarpur ======================================================
1. Asha Devi, Wife of Maheran Rai @ Matheran Rai,
2. Maheran Rai @ Matheran Rai, Son of Jalesh Rai, Both resident of Village- Jaganiya, P.S.- Gaighat, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Adv.
For the Opposite Party/s :
Mr. Sri Parmanand Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Gaighat P.S. Case No. 148 of 2018 for the offence punishable under Sections 147, 148, 149, 341, 323, 353 & 307 of the Indian Penal Code.
Learned counsel appearing for the petitioners submits that the petitioners are innocent and have not committed any office. In fact, altogether seven persons have been named in the F.I.R. alleging that they have assaulted the police but no injury report is available on record. Moreover, out of seven accused, five accused have already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr.
Patna High Court Cr.Misc. No.72815 of 2018(3) dt.18-12-2018 2/2 Misc. No. 52639 of 2018 and Cr. Misc. No. 65874 of 2018. These petitioners have no participation in the alleged occurrence and have falsely been implicated in this case. Hence, the petitioners may be granted the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the, above named, petitioners in the event of their arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubJudge-XVI-cum-A.C.J.M., Muzzafarpur in connection with Gaighat P.S. Case No. 148 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) Brajesh/- U T