Sandhya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20276 of 2020 Arising Out of PS. Case No.-584 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Sandhya Kumari, D/O- Bhagwan Sahani @ Pappu Sahani Resident of Village - Ward No. 2, Raghunathpur, P.S.- Raghunathpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Tondon- Advocate For the Opposite Party/s :

Mr. Ajay Mishra- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-08-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends his arrest in connection with Turkauliya (Raghunathpur) P. S. Case No.584 of 2019 registered for the offences punishable under Sections 420, 467, 468, 471 of the I.P.C.

The office has reported that the father's name of petitioner has been given as Bhagwan Sahani @ Pappu Sahani in petition whereas in affidavit, Pappu Sahani has been shown as husband of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.20276 of 2020(2) dt.25-08-2020 2/3 Pappu Sahani happens to be father of the petitioner and as a matter of fact, petitioner is an unmarried girl, but due to clerical error in affidavit in place of father, it has inadvertently been mentioned as husband. Therefore, the aforesaid defect be ignored.

Learned counsel for the petitioner further submits that no opportunity was given to petitioner before institution of the present case and, moreover, having similar allegation, several persons in different cases have already been granted privilege of anticipatory bail by different Benches of this Court.

On the other hand, learned Additional Public Prosecutor opposed the prayer.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, the defect, as pointed by the office, be ignored and, accordingly, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.20276 of 2020(2) dt.25-08-2020 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya (Raghunathpur) P. S. Case No.584 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash/- U T