Sangita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13461 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- BHAGWANGANJ District- Patna ====================================================== SANGITA KUMARI D/o- Umesh Ram Resident of Village- Belauna, P.S.- Bhagwanganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2022 Heard Mr. Gajanan Mishra, learned Advocate for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in connection with Bhagwanganj P.S. Case No. 44 of 2020 dated 02.04.2020 instituted for the offences under Sections 323, 341, 354(B), 307, 302 and 34 of the Indian Penal Code.

The accusation in the FIR is that one Vikash Kumar tried to outrage the modesty of the daughter-inlaw of the informant. When this was protested, a scuffle took place in which Vikash Kumar is said to have assaulted Pankaj, who became injured. Later, one Munna was assaulted by aforesaid Vikash Kumar by means of a sword which ultimately led to his death. So far as the

Patna High Court CR. MISC. No.13461 of 2021(2) dt.03-01-2022 2/3 petitioner is concerned, she is also named as one of the associates of aforesaid Vikash Kumar in attacking the informant and the other family members of the victim. Learned counsel for the petitioner has submitted that the police after investigation found the accusation to be absolutely false so far as the petitioner was concerned and did not send her up for trial. However, differing with the police report, cognizance was taken against the petitioner also and her prayer for anticipatory bail has been rejected.

Learned counsel for the petitioner has submitted that even otherwise, except for being named in the FIR, there is no overt act attributed against her. The petitioner is an agnate of aforesaid Vikash Kumar and merely because she has sympathies with the family members of Vikash Kumar, she too has been roped in this case.

For the reasons aforestated and taking into account the gender of the petitioner, she is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.13461 of 2021(2) dt.03-01-2022 3/3 Magistrate 1st Class, Masaurhi, Patna in connection with Bhagwanganj P.S. Case No. 44 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T