Patna High CourtCR. MISC./44282/2024bail granted

Soni Kumari @ Soni Devi v. The State Of Bihar

2024-07-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44282 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- AMARPUR District- Banka ====================================================== SONI KUMARI @ SONI DEVI, aged about 25 years, Female, WIFE OF SONU SAH, RESIDENT OF VILLAGE - PARAWCHAK, POLICE STATION - FULLIDUMAR, DISTRICT - BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-07-2024 Heard Mr. Ajay Mukherjee, learned counsel appearing on behalf of the petitioner and Mr. Satyendra Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Amarpur (Fullidumar) P.S. Case No. 87 of 2024 registered for the offence(s) punishable under Sections 341, 323, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, all the accused persons named therein including the petitioner abused the informant and assaulted her mother-in-law and brother-inlaw. Specific allegation of giving Khanti blow on the head of the informant's mother-in-law is against Sonu Sah.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.44282 of 2024(2) dt.24-07-2024 2/3 petitioner submitted that petitioner is innocent and being the wife of co-accused Sonu Sah, she has been dragged in a false case and allegation against her is general and omnibus. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR and also the fact that petitioner is a lady and against whom general and omnibus allegation has been made, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, 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, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 87 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.44282 of 2024(2) dt.24-07-2024 3/3 is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T