Priyam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6225 of 2022 Arising Out of PS. Case No.-111 Year-2021 Thana- MUSRIGHRARI District- Samastipur ====================================================== Priyam Kumari, Wife Of Suraj Kumar @ Suraj Kumar Singh R/O - Barbatta, Tola Math, P.S.- Musrigharari, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sharad Shekhar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== 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 25(1-B) (a), 26 and 35 of the Arms Act, 1959.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the allegation is of recovery of a country-made pistol from the house of Suraj Kumar Singh based on his confessional statement. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as she is wife of Suraj Kumar Singh. It is next submitted that admittedly, even presuming what has been alleged to be true without accepting, then the allegation is of recovery of arms from the house of Suraj Kumar Singh. It is submitted that arms were not recovered from her

Patna High Court CR. MISC. No.6225 of 2022(2) dt.23-08-2022 2/2 possession. The learned counsel submits that from perusal of the F.I.R., it would manifest that allegation is of recovery of arms, but the seizure list records that a magazine was also recovered along with a country-made pistol which creates doubt with regard to the veracity of the allegation as alleged in the F.I.R.

Learned A.P.P. opposes the 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, is directed to be released on bail on her furnishing bailbonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Musrigharari P. S. Case No.111 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T