Rani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47247 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Rani Kumari D/O Lal Bahaduri Rai R/O Village-Majhauli, P.S-Vaishali (BELSAR O.P), District-Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Ms. Anita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 230 of 2020 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 325, 307, 302, 379, 504 of the Indian Penal Code and Section 3/4 Dian Act.

According to prosecution case, all the accused persons along with this petitioner, were indulged in assault to Rupesh Kumar, Nandlal, Rai, Nitesh Kumar, Sushila Devi. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.47247 of 2021(2) dt.15-12-2021 2/3 petitioner has clean antecedent and has committed no offence and she has falsely been implicated in the present case. It is further submitted that it appears from the F.I.R. itself that no specific allegation against the petitioner. It is further submitted that the allegation of assault against one Manoranjan Kumar and Lalbahadur Rai. Learned counsel further submits that coaccused namely Sobha Devi has been granted bail by a coordinate Bench of this court vide order dated 05.03.2021 passed in Cr. Misc. No. 36380 of 2020. He further submitted that petitioner is unmarried girl and she is in custody since 15.07.2020.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 230 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.47247 of 2021(2) dt.15-12-2021 3/3 fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T