Roji Sarkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47948 of 2015 Arising Out of PS.Case No. -117 Year- 2015 Thana - MITHANPURA District- MUZAFFARPUR =====================================

1. Roji Sarkar, Wife of Late Sachin Sarkar, Resident of Mohalla - Ram Bagh, Police Station - Mithanpura, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prafull Chandra Jha, Adv. For the Opposite Party/s : Mr. Anuj Kr. Srivastav, (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Mithanpura P.S. Case No.117 of 2015, disclosing offences under Sections 143, 323, 333, 337, 338, 353, 307 and 120(B) of the Indian Penal Code.

The petitioner was in custody in connection with another case and was lodged in Sahid Khudi Ram Bose Central Jail, Muzaffarpur, where the occurrence is said to have taken place. Allegedly, some of the inmates of the jail, including the petitioner had assaulted the jail employees upon instigation by some mischievous inmates. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.47948 of 2015 (2) dt.16-10-2015 2/2 in the case, in which the petitioner was in the said Central Jail, she has been acquitted of the charges by judgment & order, dated 04.07.2015, passed by learned 7th Additional Sessions Judge, Muzaffarpur. He further submits, referring to the First Information Report, that the allegations against all the accused persons are general and omnibus and some other co-accused persons have already been granted regular bail by this Court vide order, dated 07.10.2015, passed in Cr. Misc. Nos.46967 and 47021 of 2015. Considering the submission as above, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, East, Muzaffarpur, in connection with Mithanpura P.S. Case No.117 of 2015. This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required, and in the event of failure on her part to appear before the Court, on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T