Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9437 of 2020 Arising Out of PS. Case No.-436 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== 1.

Soni Kumari, Female, aged about 24 years, D/o Suryadev Mehta, Resident of Village- Bhorambagh, P.S.- Kwakool, Distt- Nawada. 2.

Sadhana Kumari, Female, aged about 25 years, D/o Bhupendra Narayan Gupta, Resident of Tulsiyahi, P.S.- Simari Bhakhtiyarpur, Distt- Saharsa. 3.

Nidhi Kumari, Female, aged about 24 years, D/o Vakil Ray, Resident of Village- Saray Muzaffarpur, P.S.- Dariyapur, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Budha Colony P.S. Case No. 436 of 2018 registered for the offences punishable under Sections 147, 148, 149, 188, 341, 342, 323, 324, 325, 307, 326, 332, 333, 337, 338, 353, 427, 449, 450, 451, 452, 461, 120(B) of the Indian Penal Code and Sections 3⁄4 of Damage to Public Property Act. Allegedly, the petitioners, at the relevant point of time, were a Trainee Constables. The Deputy Superintendent of Police (Trainee), New Police Lines, Patna, is the informant of

Patna High Court CR. MISC. No.9437 of 2020(2) dt.02-03-2020 2/3 the case. The occurrence had taken place, apparently, in the wake of sudden death of a Trainee Contstable on 02.11.2018. Allegedly, protesting against lack of proper care by the officials during the treatment of the deceased Trainee Constable, nearly 300 to 350 Trainee Constables entered into the office of the informant, vandalized the articles and physically assaulted the informant. The petitioners are named in the F.I.R. Learned counsel for the petitioners has submitted that there is no specific over act against the persons named in the F.I.R. and all the Trainee Constables have been implicated in the F.I.R., indiscriminately. Learned counsel for the petitioners further submits that similarly situated co-accused have been granted anticipatory by this Co-ordinate Bench of this Court vide order dated 15.05.2019 passed in Cr. Misc. No.32201 of 2019 and order dated 22.10.2019 passed in Cr. Misc. No.66718 of 2019.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna in connection

Patna High Court CR. MISC. No.9437 of 2020(2) dt.02-03-2020 3/3 with Budha Colony P.S. Case No. 436 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T