Sabu Kala @ Sabukata v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30489 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -THAKURGANJ District- KISANGANJ =========================================================== Sabu Kala @ Sabukata, Wife of Md. Subhan @ Md. Sushan, resident of villageMolani, P.S.- Teragach, District- Kishanganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Sinha, Advocate. Mr. Pankaj Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Ashish Chandra, A.P.P =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 22-10-2016 Heard learned counsel for the parties.
The petitioner apprehends arrest in connection with Thakurganj P.S. Case No. 19 of 2016 dated 22.02.2016 registered under Sections 341/323/324/ 307/ 379/504/506/34 of the Indian Penal Code.
The allegation against the petitioner is that she, along with 8 others, had assaulted the informant and his father with Danda and Rs. 5000/- was taken away from his pocket and that there is specific allegation against co-accused Subhan that he had assaulted the father of the informant with dagger in his abdomen and the informant also whose vein was cut.
Learned counsel for the petitioner submits that the allegation against the petitioner is general and omnibus and the
Patna High Court Cr.Misc. No.30489 of 2016 dt.22-10-2016 2/2 petitioner has clean antecedent. It is further submitted that as per the allegation itself, the petitioner, who is a lady, had a bamboo stick in her hand.
Learned A.P.P. does not dispute the position that the allegation is general and omnibus.
Considering the facts and circumstances of the case and submissions of learned counsels for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner, named above, be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Thakurganj P.S. Case No. 19 of 2016, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Ahsanuddin Amanullah, J) Sujit/- U T