Nilu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40772 of 2022 Arising Out of PS. Case No.-248 Year-2021 Thana- NOKHA District- Rohtas ====================================================== NILU KUMARI WIFE OF ASHUTOSH KUMAR AND D/O RAJ BANSH SINGH R/O VILLAGE- RAGHUNATHPUR, P.S.- NOKHA, DISTRICTROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 342, 332, 333, 323, 324, 307, 353, 379, 414, 399, 120B, 171F of the IPC and 27 of the Arms Act.

Allegedly 162 named and 200-250 unknown accused persons after forming an unlawful assembly assaulted the members of raiding party by making assault, deterring the police officials in the discharge of Government duty and were making plan to commit big occurrence in the Panchayat

Patna High Court CR. MISC. No.40772 of 2022(2) dt.24-11-2022 2/3 election. In the said occurrence some person died. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is a lady and merely on suspicion has been implicated in this case. It is clear from the impugned order that from perusal of para-2 of the case diary it appears that some of the dead persons are made accused and some of the accused persons who were identified at the time of occurrence were at their home due to fracture and also the name of some accused are repeated. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court

Patna High Court CR. MISC. No.40772 of 2022(2) dt.24-11-2022 3/3 in connection with Nokha P.S. Case No.248 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T