Sonali Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18048 of 2022 Arising Out of PS. Case No.-238 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== SONALI KUMARI D/o Baijnath Singh @ Vaijnath Singh Resident of Village - Mahdauli, P.S.- Bhagwanpur, Distt.- Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 143, 341, 323, 332, 353, 224, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant (S.H.O.) alleges that on 22.11.2021 at 10:15 pm while he was on patrolling duty, he received a secret information about Munchun Singh who was having a worship ceremony at his house, accordingly the informant reached there and arrested Munchun Singh when it is alleged that his family members, including the petitioner, attacked the police team and got Munchun Singh released from the custody of the informant and even tore
Patna High Court CR. MISC. No.18048 of 2022(2) dt.26-09-2022 2/3 uniform of one of the police officer, it is further alleged that one women accused also threatened to lodge a false case against the police, it is next alleged that on 27.11.2021, the police got information about accused who took part in the occurrence. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the date of occurrence is 22.11.2021 and the FIR came to be instituted on 27.11.2021 i.e., after a delay of five days and that too based on frivolous grounds. Learned counsel further submits that if the informant was not aware of the name of the accused persons then also FIR could have been instituted against unknown persons or by alleging that family members of Munchun Singh created ruckus while he was arrested. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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, 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 the learned court below where the
Patna High Court CR. MISC. No.18048 of 2022(2) dt.26-09-2022 3/3 case is pending/successor court in connection with Bhagwanpur P.S. Case No. 238 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T