Mangru @ Sonali Kinnar @ Sonakshi Kinnar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31506 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== 1.
MANGRU @ SONALI KINNAR @ SONAKSHI KINNAR Wife of Kundan Manjhi, D/o Chandeshwar Manjhi @ Bam Manjhi R/o - Road No. 13B, Bahadurpur Mushari, Near Gurukul Tutorial, Rajendra Nagar, P.S. - Bahadurpur, Distt. - Patna 2.
Asho Kumari D/o Chandeshwar Manjhi R/o - Road No. 13B, Bahadurpur Mushari, Near Gurukul Tutorial, Rajendra Nagar, P.S. - Bahadurpur, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 353, 504, 427, 337 and 338 of the Indian Penal Code and Sections 30(a), 32(2)(3), 36 and 41(i)(ii) of the Bihar Excise Act.
Learned counsel for the petitioners submits that the petitioner no. 1 has one antecedent and is a transgender and petitioner no. 2 is a woman and is a person with clean antecedent and is aged about 19 years and allegation is of recovery of 20
Patna High Court CR. MISC. No.31506 of 2023(2) dt.23-05-2023 2/3 liters of liquor from the house of Kundan based on which his wife, petitioner no. 1 along with his sister-in-law have been implicated as it alleged that on halla of petitioner no. 1, fifteen to twenty persons gathered and attacked the police force and damaged the vehicle with a view to free Kundan Manjhi. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession, it is next submitted that the petitioners have been falsely implicated in the present case, it is next submitted that they came to be implicated as the liquor was recovered from the house of Kundan and petitioner no. 1 is his wife and petitioner no. 2 is his sister-inlaw, it is also submitted that there is no specific allegation of assault against them.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the
Patna High Court CR. MISC. No.31506 of 2023(2) dt.23-05-2023 3/3 satisfaction of the learned trial court where the case is pending/successor court in connection with Bahadurpur P.S. Case No. 53 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T