Soni Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70409 of 2018 Arising Out of PS. Case No.-213 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Soni Kumari, wife of Sanjay Kumar, resident of Mohalla- Gandhi Chowk, Mahaveer Lane, Musalampur, P.S. Pirbahore, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Sri Rudra Deo, Advocate For the Opposite Party/s :
Sri Ramchandra Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-12-2018 Heard Sri Rudra Deo, learned counsel for the petitioner and Sri Ramchandra Singh, learned A.P.P. The sole petitioner, who is a female and in custody since 2nd July 2018 has prayed for grant of bail in connection with Naubatpur P.S. Case No. 213 of 2018 registered for the offence under Section 25 (1-b)A / 35 of the Arms Act. It was submitted by learned counsel for the petitioner that petitioner along with one Sujeet Kumar was moving on a vehicle however accident took place and thereafter in injured condition both the occupants of vehicle were shifted to a hospital and subsequently the boy died and petitioner was made accused as if she was involved in murder of Sujeet Kumar for which a case vide Naubatpur P.S. Case No. 212 of 2018 was registered for offence under Sections 302, 120(B) of the I.P.C.
Patna High Court Cr.Misc. No.70409 of 2018(2) dt.03-12-2018 2/3 and thereafter the present F.I.R. was lodged as if from the vehicle which met with accident there was recovery of two cartridges of 7.65 M.M. and one Magzine loaded with one cartridge of 7.65 M.M. and petitioner in the present case has also been made accused. It was submitted by learned counsel for the petitioner that considering the fact that there was no sufficient material the petitioner in Naubatpur P.S. Case No. 212 of 2018 which was registered for offence under Section 302, 120(B) of the I.P.C. has been granted bail on 03.10.2018 vide Cr. Misc. No. 45923 of 2018 by a Co-ordinate Bench of this Court. He submits that in the present case without any cogent material the petitioner has been made accused. Sri Ramchandra Singh, learned Additional Public Prosecutor has vehemently opposed the prayer for bail however he has not disputed the fact stated in paragraph 3 of the petition that petitioner has been granted bail in Naubatpur P.S. Case No. 212 of 2018 registered for the offence under Section 302, 120(B) of the I.P.C.
Considering the fact that since in the main case pertaining to commission of offence under Section 302 , 120(B) of the I.P.C. the petitioner has been enlarged on bail, there is no reason to pass a different order in the present case.
Patna High Court Cr.Misc. No.70409 of 2018(2) dt.03-12-2018 3/3 Accordingly, let the petitioner / Soni Kumari be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand ) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Danapur, Patna / concerned court in connection with Naubatpur P.S. Case No. 213 of 2018.
(Rakesh Kumar, J) praful/- U T