Pinki Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45496 of 2023 Arising Out of PS. Case No.-121 Year-2021 Thana- MANSURCHAK District- Begusarai ====================================================== Pinki Singh Daughter Of Sri Jagat Narain Mahto Resident Of Village - Mansurchak, Ward No.- 15, P.S.- Mansurchak, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Malendu, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 341, 323, 448, 353, 354(B), 427, 509, 506, 34 of the Indian Penal Code and Section 4 of the Prevention of Damage to Public Property Act and under Section 37(C), 45 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution, an FIR has been lodged by the Circle Officer in her official capacity at about 12.30pm on 25.11.2021 against one Kundan Singh wife of Jagat Narayan Mahto, their son Sandeep Kumar Chandan and their daughter Pinki Singh (petitioner). The allegation against them is that they entered in the office of the Circle Officer (Informant) and obstructed the government work and damaged government property and misbehaved with a female officer.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.45496 of 2023(2) dt.04-08-2023 2/2 that prior to reading of the Fardbayan, there is absolutely nothing disclosed against the present petitioner, save and except, a general and omnibus allegation has been made by the Informant that government work was obstructed and government property was damaged besides that a female officer was misbehaved with. He submits that the police has made specific allegation in FIR against Sandeep Kumar Kundan and not against the present petitioner i.e. Pinki Singh.

5. Learned APP for the State opposes the prayer for bail but also submits that it transpires from the FIR that no specific allegation has been made against the present petitioner.

6. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Begusarai, in connection with Mansurchak P. S. Case No.121 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ashishsingh/- U