Parvin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38315 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- CHANDAUTI District- Gaya ====================================================== Parvin W/o Md. Chotan @ Jahid R/o Mohalla- Faiz Colony Katari Hill Road, P.S.- Chandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2025 Heard Mr. Vinod Kumar, learned counsel for the petitioner and mr. Rajendra Nath Jha, learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Chandauti P.S. Case No. 39 of 2025, F.I.R. dated 02.02.2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 115(2), 126(2), 127(2), 109, 303(2), 351(2), 352 of the BNS.

3. Allegation against the petitioner is that he along with other co-accused persons having with iron rod, lathi, danda started abusing the informant and demanding Rs. 2,00,000/- as a ransom and on protest accused persons including the petitioner assaulted him by which he sustained injury on his head.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely

Patna High Court CR. MISC. No.38315 of 2025(2) dt.23-06-2025 2/3 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. Although, the petitioner is named in the F.I.R. but from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act or ransom attributed against the petitioner rather there is general and omnibus allegation against the petitioner and she has been made accused merely on the ground that she is the wife of co-accused Md. Chotan @ Jahid.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is no specific allegation of any assault or overt act attributed against the petitioner, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 39 of 2025, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.38315 of 2025(2) dt.23-06-2025 3/3 the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date 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 witness, 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) Ibrar//- U T