Divya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25994 of 2022 Arising Out of PS. Case No.-425 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== DIVYA KUMARI D/o Dinesh Ram R/o village- Harijan Toli Sugauli, P.S.- Sugauli, Distt.- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhannjay Kumar No. 2 For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner is apprehending her arrest in a case registered under Sections-143, 341, 323, 324, 353, 307, 379, 504, 506 of the Indian Penal Code.

Prosecution case in short is that while the informant was discharging his duty in the office of BDO, all the named along with 25-30 unknown persons having armed with deadly weapons, came in the office and with common intention, obstructed him in discharging the official duty and in consequence thereof, the accused persons assaulted the informant as a result of which, he sustained injury. It is submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.25994 of 2022(2) dt.14-11-2022 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. There is no specific allegation against the petitioner. The petitioner is a lady. 27 named and 25-30 unknown persons have been made accused in the present case. Except for offence under Section-307 of the Indian Penal Code, rest of the offences are triable by Magistrate. Learned counsel for the State submits that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sugauli P.S. Case No. 425 of 2021 subject to the conditions as laid down under Section-438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T