Sadhna Devi vs The State Of Bihar
2021 Latest Caselaw 3109 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.38234 of 2020
            Arising Out of PS. Case No.-74 Year-2018 Thana- TIKAPATTI District- Purnia
      ======================================================

1. Sadhna Devi, aged about 58 years (F), Wife of Late Kusheshwar Mahto,

2. Kalawati Devi, aged about 39 years (F), Wife of Sri Karelal Mahto,

3. Santoli Devi @ Santoliya Devi, aged about 39 years (F), Wife of Sri Dayanand Mahto,

4. Dana Devi @ Danuv Devi, aged about 40 years (F), Wife of Sri Amrit Mahto,

5. Lushi Devi, aged about 37 years (F), Wife of Sri Mukesh Mahto,

6. Daso Devi @ Josa Devi @ Jhaso Devi, aged about 50 years (F), Wife of Sri Shyamlal Mahto,

7. Rukma Devi, aged about 27 years (F), Wife of Sri Amichand Mahto,

8. Rajo Devi @ Radha Devi, aged about 65 years (F), Wife of Late Hiralal Mahto,

9. Shailo Devi, aged about 54 years (F), Wife of Sri Dalit Mahto,

10. Shalo Devi @ Shailo Devi @ Sallo Devi, aged about 45 years (F), Wife of Sri Jaychand Mahto,

11. Sanjit Mahto, aged about 34 years (M), Son of Sri Harilal Mahto,

12. Tanoj Kumar @ Tanoj Kumar Yadav, aged about 45 years (M), Son of Sri Ramjee Yadav.

All resident of village- Goriyar, P.S.- Tikapatti, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the State : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioner on

28.06.2021, which was allowed.

Patna High Court CR. MISC. No.38234 of 2020 dt.06-07-2021

3. Heard Mr. Amit Kumar Anand, learned counsel for

the petitioners and Mr. Awadhesh Kumar Singh, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

4. The petitioners apprehend arrest in connection with

Tikapatti PS Case No. 74 of 2018 dated 06.05.2018, instituted

under Sections 147, 149, 341, 342, 186, 224 and 353 of the

Indian Penal Code.

5. The allegation against 22 named persons, including

the petitioners, and 50 unknown is that when one Santosh

Kumar Mahauli was arrested by the police for indulging in

gambling and put on a jeep for taking him to the police station,

they had forcibly tried to drag him out on the pretext that he

should first return their money before going with the police.

6. Learned counsel for the petitioners submitted that

as per the allegation itself, only an attempt was made to drag

him out of the police vehicle, but the same did not succeed and

further, that there was no harm caused, either to any person or

any property. Learned counsel submitted that the petitioners

have no criminal antecedent and are simple citizens and they

may have been bothered about the money taken by the accused

and were just wanting him to return their money so that the Patna High Court CR. MISC. No.38234 of 2020 dt.06-07-2021

same was not lost as they are poor persons for whom such

money was hard-earned and had great importance.

7. Learned APP submitted that the petitioners had

tried to obstruct in discharging official duty by police.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners 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 concerned Judicial Magistrate, 1st Class, Purnea, in

Tikapatti PS Case No. 74 of 2018, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure,

1973 and further (i) that one of the bailors shall be a close

relative of the petitioners, (ii) that the petitioners and the bailors

shall execute bond and give undertaking with regard to good

behaviour of the petitioners, (iii) that the petitioners shall

cooperate with the Court and police/prosecution. Any violation

of the terms and conditions of the bonds or the undertaking or

failure to cooperate shall lead to cancellation of their bail bonds.

9. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the Patna High Court CR. MISC. No.38234 of 2020 dt.06-07-2021

petitioners, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioners.

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T