Santosh Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39613 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== 1.
Santosh Choudhary, son of Nawal Kishore Choudhary Resident of Vill.- Gari Rampur, P.S.- Naya Ramnagar, Distt.- Munger 2.
Sarita Devi, wife of Nawal Kishore Choudhary Resident of Vill.- Gari Rampur, P.S.- Naya Ramnagar, Distt.- Munger.
3.
Nawal Kishore Choudhary, son of Late Tarni Choudhary Resident of Vill.- Gari Rampur, P.S.- Naya Ramnagar, Distt.- Munger 4.
Deepak Choudhary, son of Nawal Kishore Choudhary Resident of Vill.- Gari Rampur, P.S.- Naya Ramnagar, Distt.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Kamal Nayan- Advocate For the Opposite Party/s :
Mr. Manoj Kumar- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-06-2021 Heard Mr. Kumar Kamal Nayan, learned advocate for the petitioners and Mr. Manoj Kumar, learned APP for the State.
Learned counsel for the petitioners seek permission to withdraw the application with respect to petitioner nos.1, 3 and 4, who have surrendered before the Court below and have been released on bail.
The application with respect to petitioner nos.1, 3 and 4 is dismissed as having become infructuous. The petitioner no.2 seeks bail in anticipation of her
Patna High Court CR. MISC. No.39613 of 2020(2) dt.02-06-2021 2/3 arrest in connection with Naya Ramnagar P. S. Case No.75 of 2020, instituted for the offence under Sections 147, 341, 323, 332, 353, 504/ 506 of the I.P.C.
It has been submitted on behalf of the petitioner no.2 that the accusation against her does not make out any case under the Sections for which she has been charged in the subject F.I.R. There is no specific accusation against her and the case has been lodged at the instance of the A.S.I., who was of the view that the petitioner no.2 and others prevented the police party from carrying out an investigation of a case, which was lodged by the wife of one of the accused persons of this case. The petitioner no.2 is a direct family member of the informant and there appears to be some bad blood amongst relatives for which the present case has been filed.
Considering the fact that the petitioner is a lady and that there is no specific accusation against her and that all other accused persons have surrendered to the process of law and have been released on bail, this Court deems it appropriate to grant anticipatory bail to petitioner no. 2. The petitioner no.2, above named, is directed to be released on bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from the date of receipt/ production of a copy of
Patna High Court CR. MISC. No.39613 of 2020(2) dt.02-06-2021 3/3 this order, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M.-1st , Munger in connection with Naya Ramnagar P. S. Case No.75 of 2020, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
The application stands disposed off accordingly. (Ashutosh Kumar, J) vikash/- U T