Arpana Kumari @ Guriya @ Aparna Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29679 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- NAUGACHIA District- Bhagalpur ====================================================== Arpana Kumari @ Guriya @ Aparna Kumari, Female, aged about 31 years, wife of Kundan Singh, resident of village- Pakra, Police Station- Naugachia, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Naugachia PS Case No.11 of 2024 dated 08.01.2024, instituted under Sections 366-A/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date of occurrence the minor daughter of the informant had gone college but she did not return home till evening. During course of search, a mobile was found in the bag of daughter of the informant from which it was revealed that she used to talk to one Santosh Kumar, who is cousin brother of the petitioner. When the informant went at the house of Santosh Kumar in search of the victim, he was not found there. He was abused by
Patna High Court CR. MISC. No.29679 of 2024(2) dt.15-05-2024 2/3 Chandan Kumar, who was present in the house of Santosh Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the main allegation is against co-accused Santosh Kumar, who is the cousin of the petitioner. It is also submitted that the petitioner's husband and the informant are the full brothers and there is land dispute for which Title (Partition) Suit No.183 of 2018 has been filed by Kundan Singh, husband of the petitioner against Tullu alias Jagdhari Singh, who is the informant in the present case and on account of that the present false case has been filed. Further submission is that there is no specific allegation against the petitioner and others and only on the basis of suspicion this case has been filed. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.29679 of 2024(2) dt.15-05-2024 3/3 sureties of the like amount each to the satisfaction of the learned ACJM, 1st, Naugachia, Bhagalpur, in Naugachia PS Case No. 11 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T