Nagina Kumari @ Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33814 of 2022 Arising Out of PS. Case No.-2 Year-2018 Thana- MADANPUR District- Aurangabad ====================================================== NAGINA KUMARI @ SONI D/o Jaglal Singh Bhokta, R/o VillageLangurahi, P.S.- Madanpur, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Nirmal Kumar Sinha Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as Mr. J. N. Thakur, the learned Additional Public Prosecutor for the State.
The petitioner is seeking regular bail in connection with S. Tr. No. 123/2022 /432/2022, arising out of Madanpur P.S. Case No. 2/2018, registered for offence punishable under sections 147, 148, 149, 302/307/353/121(A)/122/124 (A) of the Indian Penal Code, section 27 of the Arms Act and section 17 of the CLA Act.
S.I. Md. Arman is informant. He has mentioned in his
Patna High Court CR. MISC. No.33814 of 2022(3) dt.03-11-2022 2/3 written report that he received a confidential information that 40 named accused persons along with 60-70 associates were planning to commit some serious offence. The police team raided the place of occurrence with Cobra Batallion. When the team reached Pachrukhiya village, they faced indiscriminate firing, which was coming from bush. The members of raiding party took their possession and asked the maoists to surrender, but they continued firing. The police team also retaliated and opened firing. One of the members of raiding party became injured and he died during course of treatment. The learned counsel for the petitioner has submitted that the petitioner is a lady. There is no evidence against her except the statement of the villagers and on similar allegation, co-accused Krishna Pal has been granted regular bail in Cr. Misc. No. 77759 of 2019. She is under custody since 30.09.2021.
Considering the above-mentioned facts and circumstances, especially the fact that co-accused Krishna Pal on similar allegation has been granted regular bail by this Court, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and
Patna High Court CR. MISC. No.33814 of 2022(3) dt.03-11-2022 3/3 Sessions Judge-II, Aurangabad in connection with S. Tr. No. 123/2022 /432/2022, arising out of Madanpur P.S. Case No. 2/2018, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T