Patna High Court – Orders
Malti Devi vs The State Of Bihar on 5 March, 2025
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13076 of 2025 Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== Malti Devi, Wife of Umesh Ram, Resident of Village - Aryanagar, P.S. - Balthar, District - West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 05-03-2025
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Balthar P.S. Case No. 42 of 2022 dated 20.03.2022 instituted for
the offence punishable under Sections 147, 148, 149, 341, 342,
324, 325, 326, 332, 333, 337, 338, 379, 380, 427, 447, 448, 452,
302, 395, 186, 188, 201, 506/102(B) of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioners
along with 353 named accused persons and 100 unknown
miscreants entered into the premises of police station and set the
government vehicles on fire. They attacked the police vehicles
and were raising slogans to kill the police officials. It is further
alleged that they attacked the members of police party due to
which some police personnel received serious injury and one
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Havaldar was shot dead at the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and she has been falsely implicated in this
case. It is further submitted that there is no specific allegation
against the petitioner rather the allegation against the petitioner
is general and omnibus. A list of accused persons are given in
the F.I.R. in which the petitioner is named at SI. No. 211.
Learned counsel for the petitioner further submits that several
accused persons have been granted bail by this Court as well as
co-ordinate Bench of this Court. It is next submitted that almost
200 accused persons have granted bail in this case. Lastly, it has
been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State
opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Balthar P.S. Case No.
42 of 2022, he will be released on bail upon furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-IV, West Champaran, subject to
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condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J)
premchand/-
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