Sneha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65676 of 2019 Arising Out of PS. Case No.-435 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== SNEHA KUMARI (Female), aged about 22 years, Daughter of Sukhnandan Yadav, Resident of Ward No. 11, Bhojpur Kadim, P.S.- Dumraw, DistrictBuxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Adv.
For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 147, 148, 149, 188, 341, 323, 325, 332, 333, 337, 338, 353, 427, 449, 450, 451, 452, 461, 120 (B) of the Indian Penal Code and Section 3⁄4 of Damage to Public Property Act.
Prosecution case in brief is that the informant lodged his statement tht on 02.11.2018 at 10:00 A.M. he received information that a trainee constable namely Savita Kumari Pathak died during treatment at Udyan Hospital, Patna. On this issue the trainee male and female constables have indulged in assault and have also destroyed important documents. He also
Patna High Court CR. MISC. No.65676 of 2019(2) dt.14-11-2019 2/3 received information that the constables have also indulged in destruction and assault in the police line. On this information he recorded Sanha and proceeded towards the place. At around 10:15 A.M. he reached there and saw that the trainee constables were raising slogans and indulging in destruction the residence of A.S.P. They also assaulted him and his party members. Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has been falsely implicated in this case. The FIR has been lodged in quite mechanical manner without any cogent evidence merely on the basis of video footage without any specific over act duly committed by the petitioner.
Learned counsel for the petitioner further submits that the co-accused have been granted anticipatory bail by the Coordinate Bench of this Hon'ble Court vide in Cr. Misc. No.31784/2019 dated 09.09.2019 and Cr. Misc. No. 44514 of 2019 dated 19.07.2019.
In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten
Patna High Court CR. MISC. No.65676 of 2019(2) dt.14-11-2019 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna, in connection with Budha Colony P.S. Case No. 435 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) amitkumar/- U T