Sulochna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34284 of 2023 Arising Out of PS. Case No.-130 Year-2022 Thana- GADHPURA District- Begusarai ====================================================== Sulochna Devi, W/O Ranjit Singh, resident of village -Kanausi, P.S.- Gadhpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-07-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending her arrest in connection with Gadhpura P.S. Case No. 130 of 2022 registered for the offence punishable under Sections 341, 323, 379, 307, 504, 506 and 34 of the Indian Penal Code.

3.

Indiscriminate assault is alleged against three named accused persons and five unknown persons. The petitioner is one of the name accused persons. 4.

It is submitted by the learned counsel for the petitioner that being family member of co-accused Balveer, she has also been named in this FIR on extraneous considerations by the informant, who happens to be a neighbour. In fact the occurrence took place over a trivial issue and the prosecution

Patna High Court CR. MISC. No.34284 of 2023(2) dt.21-07-2023 2/3 party of this case has assaulted the accused side for which complaint case No. 2258C of 2022 has also been lodged. Petitioner has no criminal antecedent.

5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail.

7.

Accordingly, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from today, 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 the learned Chief Judicial Magistrate, Begusarai in connection with Gadhpura P.S. Case No. 130 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be

Patna High Court CR. MISC. No.34284 of 2023(2) dt.21-07-2023 3/3 liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T