Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.6141 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- DANIYAWAN District- Patna ====================================================== Sunita Devi, Wife of Batoran Paswan, Resident of Village - Salalpur, P.S.- Daniawan, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Sinha, Sr.Adv.

Mr.Bhola Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-12-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Daniyawan P.S. Case No.114 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 307, 427 and 504 of the Indian Penal Code. Petitioner has no criminal antecedent. Learned counsel for the petitioner submits that as per the First Information Report the allegation against the petitioner is that she along with other 21 named accused persons and 40-

Patna High Court CR. MISC. No.6141 of 2021(2) dt.17-12-2021 2/3 50 unknown persons attacked on the police party and injured some police personnel by hurling brickbat and pelting stones. The local chowkidar has identified this petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that there are general and omnibus allegations against this petitioner who has been named amongst 22 persons in the FIR and in the alleged occurrence it is alleged that 40-50 unknown male and female persons were involved.

Learned APP for the State is present and has opposed the prayer for pre-arrest bail of the petitioner. Having regard to the materials present in the FIR and the submissions that there are general and omnibus allegations against this petitioner who has been named amongst 22 persons in the FIR and in the alleged occurrence it is alleged that 40-50 unknown male and female persons were involved, there being no specific allegation against this petitioner, this Court directs that the petitioner above-named in the event of her arrest or surrender within a period of four weeks from today in connection with Daniyawan P.S. Case No.114 of 2020 be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty

Patna High Court CR. MISC. No.6141 of 2021(2) dt.17-12-2021 3/3 five thousand) with two sureties of the like amount each to the satisfaction of Smt. Payal Singhla, learned J.M., Patna City, District-Patna, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.