Kanchan Guriya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37482 of 2019 Arising Out of PS. Case No.-575 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Kanchan Guriya aged 32 yeas, female, wife of Rajan Rajak Resident of Mohalla-Ambedkar Colony, Mahrana Pratap Nagar, P.S.-Ara Nawada, District-Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 147, 148, 149, 323, 341, 404, 448, 420, 354(B), 379 and 506 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Ara Nawada P.S. Case No. 575 of 2018.

3. It is submitted that the petitioner has been falsely implicated in a dispute of civil nature related to tenancy. It is further submitted that there is delay of eight days in filing the complaint on 17.07.2018 for the alleged occurrence of 09.07.2018 which has been converted into an FIR bearing Ara Nawada P.S. Case No. 575 of 2018 instituted non 24.08.2018. The accusation of snatching golden chain from the neck of the informant is mere embellishment. The petitioner, who is a lady, deserves special consideration for grant of anticipatory bail.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court CR. MISC. No.37482 of 2019(2) dt.21-06-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 575 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall be well represented in court on each and every date during trial except as and when directed by the learned court to be physically present, and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T