Sintu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26081 of 2022 Arising Out of PS. Case No.-965 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== SINTU DEVI W/o Dharmendra Pathak @ Babloo Pathak Resident of Village - Shekhpura, P.s.- Naubatpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar Dwivedi, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP 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 509, 554D, 504, 506, 34 of the Indian Penal Code and Section 67A of I.T. Act.

Allegation of harassment and sending obscene image of the daughter of the informant on face-book is on the son of the petitioner, namely, Phalendra Saurabh.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.26081 of 2022(2) dt.14-11-2022 2/2 petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is a lady. She happens to be the mother of co-accused, namely, Phalendra Saurabh, who used to send obscene image on facebook to the daughter of the informant. The petitioner has been made accused only because she happens to be the mother of co-accused Phalendra Saurabh. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara, District Bhojpur in connection with Nawada Ara P.S. case No.965/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.