Jyoti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6248 of 2022 Arising Out of PS. Case No.-425 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== Jyoti Kumari, wife of Deepu Kumar Sah Resident Of Village- Dumariya Parsa Ward No. 06, P.S. Majhaulia, District - East Champaran, At Present Vikash Mitra, Sugauli Prakhand, District - East Champaran. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma Mr. Abhishek Kumar Ms. Rashmi Jha Mr. Sharad Kumar Verma For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 143, 341, 323, 353, 324, 307, 379, 427, 504 and 506 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and a woman and the informant alleges that named accused persons including the petitioner, who are Vikash Mitra entered the office of B.D.O. and created obstruction in discharging of official duty and Rishu Kumar and Pramod Chaudhary caught the hand of the informant
Patna High Court CR. MISC. No.6248 of 2022(2) dt.23-08-2022 2/3 and Vinay Ram assaulted by a sharp edged weapon causing injury on head and thereafter, all the accused persons including the petitioner assaulted him by fist and leg. The learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that Vikash Mitra entered the office of the B.D.O. protesting the highhandedness of the officials in dealing with them. It is next submitted that as far as allegation of assault is concerned, the same is specifically alleged against Vinay Ram and as far as this petitioner is concerned, the allegation of assault is general and omnibus in nature.
The learned Additional Public Prosecutor opposes the anticipatory bail application.
Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sugauli P. S. Case No.425 of 2021, subject to the conditions laid down under
Patna High Court CR. MISC. No.6248 of 2022(2) dt.23-08-2022 3/3 Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T