Babita Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35548 of 2017 ======================================================

1. Babita Kumari, wife of Deepak Kumar, Exaclt Education Trust, Exaclt College of Engineering, Resident of At+PO- Kanhauli, P.S.- Mahua, District- Vaishali (Bihar), Pin- 844122.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. North Bihar Power Distribution Company Ltd. through its Assistant Electric Engineer, Mahua.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vasant Vikas For the Informant : Mr. Kunal Tiwary, For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the North Bihar Power Distribution Company Limited as well as learned counsel for the State. The petitioner apprehends her arrest in connection with a case registered for the offences punishable under Sections 341/332/342/147/112/114/384/353 and 290 of the Indian Penal Code.

Learned counsel for the petitioner submits that altogether false and frivolous allegations have been made against the petitioner and is the result of vendetta of the officials of the aforementioned Power Company who had illegally entered into her premises and had misbehaved with her for which he has also

Patna High Court Cr.Misc. No.35548 of 2017 (2) dt.10-08-2017 P2/3 filed a counter case.

Learned counsel for the petitioner further submits that she is a lady having small child and at the time the order by the Sessions was passed, she could not come forth to furnish her bail bonds and, therefore, she could not appear earlier. It is further submitted that she is willing to co-operate with the investigation and also appear at the trial as and when required so as to facilitate the conclusion of the case.

Learned counsel appearing on behalf of the North Bihar Power Distribution Company Limited, however, submits that the case is of a serious nature as public official has been illegally confined at the instance of the petitioner by her security guards and it was only after interference by the local authorities, they could mange their release. As such, the petitioner is not entitled to the privilege of pre-arrest bail.

Having considered the facts and circumstances, let the petitioner abovenamed, in the event of her arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, in connection with Mahua P.S. Case No. 288/2014,

Patna High Court Cr.Misc. No.35548 of 2017 (2) dt.10-08-2017 P3/3 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T