Patna High CourtCR. MISC./58379/2023bail granted

Rajkumari Devi v. The State Of Bihar

2023-10-11Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58379 of 2023 Arising Out of PS. Case No.-578 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Rajkumari Devi Wife of Shiv Chaudhary, Resident of Manwa Parsi, P.S. - Shikarpur, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra,Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-10-2023 Heard Mr. Brij Kishor Mishra, learned counsel appearing on behalf of the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Shikarpur P.S.Case No.578 of 2021, registered for the offences punishable under Sections 341, 323, 324 & 307/34 of the Indian Penal Code.

3. Allegation against the petitioner is of catching the informant's son holding his legs and hands along with the other accused persons. They also snatched mobile, gold chain and ring of the son of the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the main accused has already been released on bail, vide order dated 20.09.2023 passed in Cr.

Patna High Court CR. MISC. No.58379 of 2023(2) dt.11-10-2023 2/2 Misc. No.58784 of 2023 and the allegation against the petitioner is ornamental in nature because she is the wife of co-accused Shiv Chaudhary, who has been granted bail by a Co-ordinate Bench of this Court.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions of the parties and the nature of allegation made against the petitioner in the FIR and another co-accused, who is husband of the petitioner, has already been released on bail by a Co-ordinate Bench of this Court, the petitioner is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Shikarpur P.S.Case No.578 of 2021, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) chn/- U