Suchita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56255 of 2019 Arising Out of PS. Case No.-436 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== 1.

SUCHITA KUMARI D/o Umesh Rai Resident of Bhagwatipur, Neura, P.S. Danapur, Distt - Patna.

2.

Puja Kumari D/o Rajendra Kapri Resident of Village - Saijpur, P.S.- Banka, Distt - Banka.

3.

Lalita Kumari D/o Panchanand Singh Resident of Village - Balua Kaliaganj, ward no. 6, P.S.- Town, Distt - Araria. 4.

Alpana Kumari D/o Mahendra Prasad Resident of Village - Imamganj, P.S.- Khiri More, Distt - Patna.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Anuj Kumar, Advocate.

For the Opposite Party:

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 188, 341, 342, 323, 324, 326, 325, 307, 332, 333, 337, 338, 353, 427, 449, 450, 451, 452, 461 and 120(B) of the Indian Penal Code and Section 3 and 4 of Damage of Public Property Act registered in connection with Buddha Colony P.S. Case No. 436 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the F.I.R. has been instituted against as many as

Patna High Court CR. MISC. No.56255 of 2019(2) dt.04-09-2019 2/3 167 named and 300-350 unknown persons in connection with a mob of trainee constables including the petitioners having attacked and assaulted to police officials upon death of a female trainee constable during her treatment. It is submitted that no specific overt act has been attributed to the petitioners. Similarly situated co-accused person has been granted anticipatory bail by this Court in Cr. Misc. No. 39337 of 2019. Statement is made at the Bar that the petitioners are accused in one prior case of similar nature which has arisen from the same occurrence.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM, Patna, in connection with Buddha Colony P.S. Case No. 436 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the

Patna High Court CR. MISC. No.56255 of 2019(2) dt.04-09-2019 3/3 investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T