Patna High Court - Orders
Rekha Devi vs The State Of Bihar on 10 December, 2015
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51536 of 2015
Arising Out of PS.Case No. -572 Year- 2013 Thana -KRITYANAND NAGAR District- PURNIA
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Rekha Devi Wife of Navin Mahto resident of village - Parora, Police
Station K. Nagar, District - Purnea
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Raj Kumar
For the Opposite Party/s : Mr. J.N.Thakur(App)
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 10-12-2015Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with K. Nagar P.S. Case No.572 of 2013 for the offences alleged under Sections 147, 148, 149, 341, 342, 447, 427, 353, 323, 324, 326, 332, 333, 337, 364, 338, 379 436 and 360 of the Indian Penal Code.
The prosecution case has been lodged by the Circle Officer of K. Nagar alleging therein that the accused persons named in the F.I.R. along with 1200 to 1250 unknown forming a mob being armed with lathi, danda, arrow, bow, dabiya, bhala, garasa, fire arms and other deadly weapons blocked the road of Purnea Dhamdah near Parora and obstructed in trafficking on 10.11.2013 Patna High Court Cr.Misc. No.51536 of 2015 (2) dt.10-12-2015 2 on account of arrest of some of their associates by the police in connection with K. Nagar P.S. Case Nos. 569/2013, 570/2013 and 571/2013. It is alleged that the accused persons in a big mob attacked on the land of Pragya Bihar, Balika Residential school and also with a view to grab the land of Millia Educational Trust, Parora. The mob in the leadership of this petitioner Rekha Devi grabbed and captured the land of said institutions, erected their huts etc. forcibly. When the police party came, the people in mob attacked on them. On the order of the District Magistrate and S.P., Purnea police forces of several police stations of Purnea District, Araria and other places deployed to control the situation. The accused persons took law and order in their hands, attacked on the police party. During the course of occurrence, S.D.P.O., Araria, namely, Sri Rajiv Ranjan, Hawaldar, Hari Keshwar Singh of Katihar, Constable Ravindra Kumar Singh became seriously injured and they were brought to hospital. The miscreants exploded bombs and put their huts on fire.
It has been submitted by learned counsel for the petitioner that although 11 persons have been named in the first information report including the petitioner but there was a mob of about 1200 to 1250 unknown persons, who were armed with various weapons. It has further been submitted that the allegation against the Patna High Court Cr.Misc. No.51536 of 2015 (2) dt.10-12-2015 3 petitioner, as alleged in the first information report, cannot be attributed to the petitioner alone because it was a mob attack and the petitioner cannot be singled out just because there were other criminal cases pending against her alleging similar offences.
Be that as it may let the petitioner, namely, Rekha Devi, in the event of her arrest/surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each in connection with K. Nagar P.S. Case No.572 of 2013 to the satisfaction of Sri Jitendra Kumar, Judicial Magistrate, Ist Class, Purnea, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
However, it is made clear that since the petitioner is involved in four other cases, i.e., K. Nagar P.S. Case Nos. 497/2013, 498/2013, 569/2013 and 570/2013 relating to similar offences, if the petitioner in future is found to be involved in a case of similar nature the learned court below shall be at liberty to cancel the bail bonds of the petitioner without being prejudiced by this order.
V.P.Sinha/- (Nilu Agrawal, J) U