The Patna High Court granted anticipatory bail to the petitioner, apprehending arrest in a case involving offences under various sections of the Indian Penal Code, on furnishing a bail bond with sureties.
Petitioner to be enlarged on bail upon arrest or surrender within six days by furnishing a bail bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2579 of 2020
Arising Out of PS. Case No.-172 Year-2019 Thana- SHEOHAR District- Sheohar
======================================================
Durga Devi, Wife of Achchelal Sah, Resident of Village- Daud Chapra, Ward No. 12, P.S.- Sheohar, District- Sheohar.
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 04-03-2020
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner has filed the instant application for grant of
anticipatory bail apprehending her arrest in connection with Sheohar P.S. Case no. 172 of 2019 registered for the offence punishable under sections 147, 148, 149, 307, 323, 332, 333, 341, 353, 427, 447 and 504 of the Indian Penal Code.
As per the allegation in the F.I.R., the accused persons including this petitioner as also one Geeta Devi are stated to have gone to the Block office along with 50-60 women and of having assaulted the Block employees. It is further stated that they broke various articles and destroyed documents relating to beneficiaries of flood affected persons.
It is submitted by learned counsel for the petitioner that the allegations are general and omnibus in nature. The petitioner is a 42 years old lady having no criminal antecedent and the
Patna High Court CR. MISC. No.2579 of 2020(2) dt.04-03-2020 2/2
present case stands of a similar footing to that of co-accused Geeta Devi who along with one Bhola Sah have been enlarged on bail vide order dated 28.02.2020 passed in Criminal Misc. no. 2670 of 2020.
The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, especially the fact that the petitioner has no criminal antecedent and grant of bail to the similarly situated co-accused, this Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of her arrest or surrender in the Court below within a period of six weeks from today in connection with Sheohar P.S. Case no. 172 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, subject to the conditions as laid down in section 438 (2) of the Criminal Procedure Code.
(Partha Sarthy, J)
Ankit/- U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest in connection with Sheohar P.S. Case no. 172 of 2019.
1 provisions across 1 enactments
Durga Devi
The State Of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
