Soni Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46596 of 2024 Arising Out of PS. Case No.-186 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Soni Kumari Wife Of Ajay Kumar @ Manish Kumar Resident Of Village - Pipariya Nagar Toli, P.S. - Turkauliya, District - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uma Shanker Varma, Sr. Adv Ms.Kumari Anjali For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2024 1.
Heard learned senior counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 306, 504, 506 and 34 of the Indian Penal Code.
3.
Learned senior counsel for the petitioner submits that similarly situated co-accused, Vinay Kumar, had approached this Court seeking anticipatory bail by filing Cr. Misc No. 43360 of 2024 and the same was allowed by an order dated 25-7-2024. It is also submitted that while granting anticipatory bail to Vinay Kumar, the Court had considered the case on merits after hearing the learned counsel for the
Patna High Court CR. MISC. No.46596 of 2024(2) dt.08-08-2024 2/3 informant, thus the learned senior counsel for the petitioner seeks anticipatory bail for the petitioner based on parity. 4.
Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant oppose the submission made by learned senior counsel for the petitioner but then are not in a position to rebut his submission that Vinay Kumar has been granted the privilege of anticipatory bail after considering the case on merits and the petitioner is a Ward Parsad while Vinay Kumar was Mukhiya.
5.
At this stage, learned counsel for the petitioner submits that petitioner will not abscond rather will cooperate in the investigation.
6.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkauliya P.S. Case No. 186 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.46596 of 2024(2) dt.08-08-2024 3/3 7.
However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting herself as and when required, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner after recording reasons. (Satyavrat Verma, J) SUMIT/- U T