Chhoti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52701 of 2022 Arising Out of PS. Case No.-446 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== CHHOTI KUMARI W/O SUSHIL SAHNI, D/O DEEPAK CHOUDHARY Resident of village- Ajhaur, P.S.- Neemachandpura, District- Begusarai, at present posted at B.M.P, Muzaffarpur, Constable No- 309, DistrictMuzaffarpur. Permanente Resident of Anandpur, P.S.- Cheria Bariyarpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Town (Lohiya Nagar O.P.) P.S. Case No. 446 of 2021 registered for the offence under Sections 363, 365 and 34 of the Indian Penal Code and later on Section 364 of the Indian Penal Code added. The accused/petitioner is named in the F.I.R. and is in custody since 07.07.2022.

The allegation against the petitioner is to kidnap the son of informant in order to commit murder along with her

Patna High Court CR. MISC. No.52701 of 2022(2) dt.13-10-2022 2/3 husband.

Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated in present case as she was found in regular conversation over mobile with deceased son of informant, where, thrust of allegation is available against her husband. It is also submitted that petitioner is a lady of clean antecedent working with Bihar Police as Constable. It is also submitted that at the time of occurrence, petitioner was on duty, which is apparent from her attendance register. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is a lady of clean antecedent, where, thrust of allegation available against her husband as raised through FIR coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Town (Lohiya Nagar O.P.) P.S. Case No. 446 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.52701 of 2022(2) dt.13-10-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T