Patna High CourtCR. MISC./36911/2023bail granted

Golki @ Sugidha v. The State Of Bihar

2023-07-05Mr. Justice Khatim Reza4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36911 of 2023 Arising Out of PS. Case No.-115 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Golki @ Sugidha, aged about 24 years, Female, Daughter of Ramdas Koda @ Ramadas Koda, Resident Of Village- Manjhla Tola Bankuda, P.S.- Kajra, Distt- Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Md. Irshad, Advocate For the Opposite Party :

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Piri Bazar P.S. Case No. 115 of 2019 dated 14.10.2019, instituted for the offence punishable under Sections 147, 148, 149, 307, 353, 120(B) of the Indian Penal Code, 25(1-b), 26, 27 & 35 of the Arms Act and Sections 16, 18 & 20 of the UAP Act.

3. The allegation is regarding the special force i.e. Cobra force of the police having arrived at the place of occurrence and firing is said to have taken place from both the sides and when the firing had stopped, the Cobra team had recovered huge amount of arms and ammunition and had also found huge amount of blood spread at the said place, however,

2/4 one accused Manish Kumar was apprehended by the said team and he is stated to have named 74 naxalites including the petitioner as the criminals.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has falsely been implicated in this case. Further, it is submitted that on the basis of confessional statement of co-accused, namely, Manish Kumar 74 persons have been made accused out of which, the name of the petitioner is on serial no. 38. It is also submitted that another coaccused, namely, Dharmendra Kumar Pandit, Ganesh Koda & Ranjeet Koda have already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 24.01.2020 passed in Criminal Miscellaneous No. 86450 of 2019. Further, another co-accused, namely, Ravi Paswan has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 29.06.2020 passed in Criminal Miscellaneous No.

6573 of 2020 and co-accused, namely, Arun Bind has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 04.03.2020 passed in Criminal Miscellaneous No. 14972 of 2020. Lastly, it has been submitted that the petitioner is in custody since 22.03.2023, charge-sheet has been submitted in the case and she has one criminal case against her.

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5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Lakhisarai in Piri Bazar P.S. Case No. 115 of 2019, subject to the following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.14 (ii) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

(iii) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4/4 (iv) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) Gaurav Kumar/- U