Pinki Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37755 of 2024 Arising Out of PS. Case No.-1293 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Pinki Kumari D/O Nawal Kishor Singh R/O Village- Chainpur, P.S.- Turkauliya, District- East Champaran 2.
Ranjan Kumar S/O Bhikhan Singh@ Bhikham Singh R/O VillageChainpur, P.S.- Turkauliya, District- East Champaran 3.
Bhikhan Singh@ Bhikham Singh S/O Gudar Singh R/O Village- Chainpur, P.S.- Turkauliya, District- East Champaran 4.
Ramawati Devi Wife of Bhikhan Singh@ Bhikham Singh R/O VillageChainpur, P.S.- Turkauliya, District- East Champaran 5.
Nilam Kumari @ Nirmala Kumari @ Nilam Kumar D/O Bhikhan Singh @ Bhikham Singh R/O Village- Chainpur, P.S.- Turkauliya, District- East Champaran 6.
Ramshakhi Devi Wife of Jamadar Bhagat R/O Village- Chainpur, P.S.- Turkauliya, District- East Champaran 7.
Lalita Devi Wife of Nawal Kishor Singh R/O Village- Chainpur, P.S.- Turkauliya, District- East Champaran 8.
Sammi Devi @ Sharma Kumari Wife of Krishna Kumar R/O VillageChainpur, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Kundan Rathore, learned counsel appearing on behalf of the petitioners and Mr. Sanjay Kumar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Turkauliya P.S. Case No. 1293 of 2023, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 353,
Patna High Court CR. MISC. No.37755 of 2024(2) dt.26-06-2024 2/3 427, 379, 308, 332, 504 and 506 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioners are named accused in Turkauliya P.S. Case No. 1118 of 2023, in which, they were given interim protection, which was effective till 12.01.2024. The informant is police official and allegation has been made that present petitioners along with other named accused had manhandled the police and had thrown boiling water on them.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioner is innocent and have falsely been implicated in the present case. He further submitted that a false case has been lodged against the petitioners just because the fact that in Turkauliya P.S. Case No. 1118 of 2023, interim protection was granted to the petitioners by the learned district court till 12.01.2024 but in spite of the same, on fake accusation, with malafide intention, petitioners have been implicated in the present case. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having Considered the rival submissions made on behalf of the parties, as well as, the fact that petitioners were
Patna High Court CR. MISC. No.37755 of 2024(2) dt.26-06-2024 3/3 made accused in Turkauliya P.S. Case No. 1118 of 2023 in which, the learned district court had granted them interim protection till 12.01.2024, however, the police force had tried to harass the petitioners. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Motihari/concern Court, Motihari, in connection with Turkauliya P.S. Case No. 1293 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The Court below is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T