Golki @ Sugidha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21522 of 2023 Arising Out of PS. Case No.-119 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== Golki @ Sugidha D/O Ramdas Koda @ Ramadas Koda R/O Village- Manjhla Tola Aankuda, P.S- Kajra, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Irshad, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

02. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

03. In the present case, the petitioner seeks bail in connection with Chanan P.S. Case No. 119 of 2019 registered on 19.08.2019 for the alleged offences under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17, 18, 20 and 30 of the U.A.P. Act.

04. As per prosecution case, co-accused Rana Kumar Singh along with six unknown accused persons came at the place where the brother of the informant and others were taking tea and the above named co-accused fired upon the brother of the informant who died at the spot. Unknown miscreants fired

Patna High Court CR. MISC. No.21522 of 2023(2) dt.18-05-2023 2/3 upon one Chhotu Saw, who also died at the spot. The informant and others fled away from the spot though they were also fired upon by the miscreants. The name of petitioner surfaced during investigation as one of the conspirators.

05. Learned counsel for the petitioner submits that the petitioner is a lady and she is innocent and has been falsely implicated in this case. The petitioner is not named in the FIR and she has been arraigned in this case merely on the basis of confessional statement of co-accused Rana Kumar Singh, who named a number of persons for their involvement in this case and the said accused has been granted bail by a Co-ordinate Bench vide order dated 21.12.2020 passed in Criminal Misc. no. 22632 of 2020. Another co-accused Ranjeet Koda has been granted bail by another Co-ordinate Bench vide order dated 30.11.2021 passed in criminal Misc. No. 189311 of 2021. The case of the petitioner is on much better footing. The petitioner is in custody since 08.11.2022 and charge-sheet has been submitted. The petitioner is having one criminal antecedent.

06. Learned APP for the State opposes the prayer for bail submitting that the petitioner is one of the conspirators of the alleged occurrence.

07. Having regard to the facts and circumstances and

Patna High Court CR. MISC. No.21522 of 2023(2) dt.18-05-2023 3/3 submissions made on behalf of the parties and considering the distinct lack of material against this petitioner, a lady, to connect her with the offences as alleged and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Lakhisarai in connection with Chanan P.S. Case No. 119 of 2019 subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T