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Patna High Court - Orders

Soni Devi vs The State Of Bihar on 1 July, 2017

Author: Prakash Chandra Jaiswal

Bench: Prakash Chandra Jaiswal

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.29538 of 2017
                         Arising Out of PS.Case No. -1 Year- 2016 Thana -DORIGANJ District- SARAN
                  ======================================================
                  Soni Devi, wife of Amit Manjhi, resident of village-Dihachhapiya, P.S.
                  Maker, District-Saran.                              .... .... Petitioner.
                                                   Versus
                  The State of Bihar                             .... .... Opposite Party.
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :  Mr. Rajesh Kumar, Adv.
                  For the Opposite Party/s   : Mr. Pranav Kumar, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
                  JAISWAL
                  ORAL ORDER

02   01-07-2017

Heard learned counsel for the petitioner and learned A.P.P. for the State.

At the very out set, learned counsel for the petitioner fairly submits that inadvertently the order dated 17.03.2016 passed in Cr. Misc. No.2765 of 2016 has been annexed as Annexure-2 to this application, which has no concern with this case.

Petitioner seeks regular bail in connection with Doriganj P.S. Case No.1 of 2016 registered for the alleged offences under Sections 387, 427, 506 & 120B of the Indian Penal Code, Sections, 3, 4 and 5 of the Explosive Substance Act and Section 17 of the Criminal Law Amendment Act as also Sections 8, 10, 13, 16, 17, 18 & 20 of Unlawful Activities (Prevention) Act.

As per the prosecution case, some extremists exploded the D.G. Generator was installed for the purpose of construction of Arrah-Chapra Bridge. It is also alleged that extremist had left pamphlet demanding levy. Five live bombs Patna High Court Cr.Misc. No.29538 of 2017 (02) dt.01-07-2017 -2- were also recovered at the place of occurrence.

It has been submitted by learned counsel for the petitioner that the petitioner is an innocent and has committed no offence. She has been falsely implicated in this case. There is nothing in the case diary indicting the complicity in the occurrence barring confessional statement of the co-accused. She has no concern with the extremist organization. Nothing incriminating has been recovered from the conscious physical possession of the petitioner. The allegations levelled against the petitioner are general and omnibus in nature. She has been languishing in jail custody since 07.04.2017. Similarly situated co-accused persons have been granted bail by different orders of this Court.

In the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-VII, Saran at Chapra in connection with Doriganj P.S. Case No.1 of 2016.

(Prakash Chandra Jaiswal, J.) Trivedi/-

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