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Patna High CourtCR. MISC./14976/2023bail granted

Soni Devi @ Pratima Kumari v. The State Of Bihar

2023-05-25Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14976 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- NAWADA District- Nawada ====================================================== Soni Devi @ Pratima Kumari Wife Of Subodh Kumar R/O MohallaMalgodam Road, Indira Chowk, P.S.- Town (Nawada), District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehended her arrest in connection with Town (Nawada) P.S. Case No.60 of 2022 registered for the offences punishable under Section 427, 448, 452 and 379 read with Section 34 of the Indian Penal Code.

The allegation against the petitioner is to demolish the house of informant in an unauthorized manner by using JCB

Patna High Court CR. MISC. No.14976 of 2023(2) dt.25-05-2023 2/3 machine alongwith other co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that allegation against this petitioner is appearing very much general and omnibus and same is appearing mainly for the reason that she is a family member of the main co-accused for whom thrust of allegation is raised through present F.I.R. It is submitted that no specific act appears attributed against this petitioner as per narration of the F.I.R., who is a lady. While concluding the argument it is submitted that petitioner is a lady of clean antecedent.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and taking note of the nature of allegation appearing general and omnibus, accordingly the petitioner above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada/concerned Court below where the case is pending in connection with Town (Nawada) P.S. Case No.60 of 2022

Patna High Court CR. MISC. No.14976 of 2023(2) dt.25-05-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T