Renuka Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22425 of 2020 Arising Out of PS. Case No.-545 Year-2016 Thana- KHAGARIA District- Khagaria ====================================================== RENUKA CHOUDHARY W/o Late Sanjay Choudhary @ Lato Resident of Village-Sonbarsha Rahimpur, P.S.-Muffasil, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma :

Mr.Arun Kumar Sinha For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-11-2020 Heard Mr. Shiva Shankar Sharma, learned counsel for the petitioner and Mrs. Nirmala Kumari, learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Khagaria (Muffasil) P.S. Case No. 545 of 2016 registered for the offence punishable under Sections 147, 148, 149, 323, 379 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of the Explosive Act.

There are fifty persons named in the F.I.R. The petitioner is one of them. The F.I.R. has been registered on the basis of a Complaint Case. Allegedly, the complainant, who was a candidate of Mukhiya, in the election, was going back to his house with his supporters. Allegedly, the petitioner with her

Patna High Court CR. MISC. No.22425 of 2020(2) dt.02-11-2020 2/3 supporters came armed with lathi, danda and other firearms and commanded her supporters to kill the complainant. Allegedly, the accused persons started assaulting the complainant and his supporters. There is allegation against another co-accused of having snatched a golden chain from the complainant. On perusal of the complaint petition, which is the basis for registration of the F.I.R, it transpires that there is no specific allegation against this petitioner of any overt act. Considering the nature of allegation and genesis of occurrence, this application is allowed.

Let the petitioner above named, in the event of her arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mrs. Simmi Kujur, learned Judicial Magistrate 1st Class, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 545 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail

Patna High Court CR. MISC. No.22425 of 2020(2) dt.02-11-2020 3/3 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) AKASH/- U T