Seema Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 34729 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Seema Choudhary, Wife of Late Sanjib Choudhary, Village- Pindaruch Ward No 10, P.S.- Kamtaul ,Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Raj, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-05-2024 Heard Mr. Rohit Raj, learned Advocate for the petitioner and Mr. Akbar Ali, learned Additional Public Prosecutor for the State.

2. The petitioner apprehends her arrest in connection with Kamtaul P.S. Case No. 278 of 2023, registered for the offences punishable under Sections 186, 188, 189, 309, 341, 323, 342, 332, 336, 353, 504, 506 and 120B/34 of the Indian Penal Code.

3. Allegedly, in course of measurement of land pursuant to the direction of the High Court in MJC No. 391 of 2002, the petitioner came at the spot and threw the measuring ribbon. It is further alleged that in the meantime, co-accused Sanjib Kumar Choudhary also arrived at there and he put himself on fire and started fleeing away due to which some of

Patna High Court CR. MISC. No. 34729 of 2024(2) dt.29-05-2024 2/3 the officials have also sustained fire injuries.

4. Learned Advocate for the petitioner contended that from the narrations made in the FIR it is evident that the only allegation against the petitioner is of throwing measuring ribbon and there is no other material suggesting any offence has been committed by her. It is further contended that the name of the petitioner has been implicated in this case only on account of she being wife of Sanjib Kumar Choudhary, who put himself on fire and thereby some fire injuries have sustained to the persons of both the sides.

5. On the other hand, learned counsel for the State opposes the bail application and submits that the petitioner has illegally caused obstruction in the administration of justice.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the fact that the petitioner is a lady, having fair antecedent, let the petitioner, above named, be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Darbhanga, in

Patna High Court CR. MISC. No. 34729 of 2024(2) dt.29-05-2024 3/3 connection with Kamtaul P.S. Case No. 278 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) Anjani/- U T