Rita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34525 of 2021 Arising Out of PS. Case No.-130 Year-2019 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== RITA KUMARI W/o Suresh Sahni R/o village and P.O.- Raghai, P.S.- Siwaipatti, District- Muzaffarpur ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Siwaipatti P.S. Case No. 130 of 2019 registered for the offences punishable under Sections 353, 420,/34 of the I.P.C.

According to prosecution case, the informant who was a supervisor at Minapur alleges that on 11.09.2019 a general meeting was organized at Bishhar Asthan Ward no. 12, village Raghai, P.S. Siwaipatti, District Muzaffarpur for selection of

2/4 candidates on the post of Sewika/ Sahayika and after announcement of selection of candidate petitioner along with others made noise and snatched register and fled away due to which selection proceeding of Sevika/Sahaika could not be completed.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. As a matter of fact, petitioner has committed no offence as alleged in the FIR. Learned counsel further submits that in the merit list, name of the petitioner was at serial no. 1 and another candidate, namely, Archana Kumari was at serial no. 2 as such there was no occasion for the petitioner to create nuisance and fled away with register. Learned counsel further submits that the informant in collusion with said Archana Kumari whose name stands at serial no. 2 created all scene and lodged the present case against the petitioner. Petitioner is in custody since 24.02.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

3/4 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Pramod Kumar Mehta (in FIR on the top it has written as Sri Pramod Kumar Mahtua), learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Siwaipatti P.S. Case No. 130 of 2019, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of

4/4 bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T