Jyoti Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16089 of 2022 Arising Out of PS. Case No.-68 Year-2021 Thana- NOKHA District- Rohtas ====================================================== JYOTI CHAUDHARY Wife of Mithilesh Kumar Resident of village - Manjhauli, P.O.- Siyaruan, P.S.- Sanjhauli, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhinay Raj, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in a case registered under Sections 409, 420, 304, 120(B) of the Indian Penal Code.

Prosecution case, in short, is that structure of water tower collapsed due to inferior quality material, causing injury and death of one Kadelal Singh.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.16089 of 2022(2) dt.16-05-2022 2/2 petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is alleged to be the technical Assistant. A water tank is said to have collapsed causing injury and death of a person. Considering the allegation, no offence under Section 304 of I.P.C. is attracted in this case. At best an offence under Section 304A of I.P.C. is attracted in the present case. The petitioner is a lady.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Nokha P.S. case No.68/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T