Neetu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31784 of 2019 Arising Out of P.S. Case No.-435 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== NEETU KUMARI, Female, aged about 20 years. D/O - Mahatam Chaudhari Resident of Village - Uttarwar Varawa, P.S.- Andar, District- Siwan ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kunal Tiwary, Advocate For the Opposite Party :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in connection with Buddha Colony P.S.Case No.435 of 2018 registered for the offences punishable under Sections 147, 148, 149, 188, 341, 323, 324, 325, 332, 333, 337, 338, 353, 427, 449, 450, 451, 452, 461 and 120(B) of the Indian Penal Code and Sections 3/4 of the Damage to Public Property Act. Allegedly, the petitioner, at the relevant point of time, was a Trainee Constable. The Deputy Superintendent of Police (Trainee), New Police Lines, Patna, is the informant of the case. The occurrence had taken place, apparently, in the wake of sudden death of a Trainee Constable on 02.11.2018. Allegedly, protesting against lack of proper care by the officials during the treatment of the deceased Trainee Constable, nearly 300 to 350

Patna High Court CR. MISC. No.31784 of 2019(6) dt.09-09-2019 2/2 Trainee Constables entered into the office of the informant, vandalized the articles and physically assaulted the informant. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and there is no no specific overt-act alleged against the persons named in the FIR and all the Trainee Constables have been implicated in the FIR, indiscriminately.

Considering the facts aforesaid, let the petitioner above named, in the event of her arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Patna/successor Court in connection with Buddha Colony P.S.Case No.435 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

B.Kr./- (Prabhat Kumar Singh, J) U T