Neelam Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77731 of 2023 Arising Out of PS. Case No.-335 Year-2023 Thana- RAJIVNAGAR District- Patna ====================================================== NEELAM CHOUDHARY WIFE OF LATE SUNIL KUMAR CHOUDHARY RESIDENT OF 501, R.K.M. REGENCY RAMNAGARI, SECTOR 3, P.S. - RAJEEV NAGAR ASHIANA NAGAR, PATNA -25 ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Shahnawaz Ali For the Opposite Party/s:
Mr. Rajendra Nath Jha Mr. Princy Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned APP for the State.
2. The petitioner apprehends her arrest in connection with Rajeev Nagar P.S. Case No.335 of 2023, registered for the offence punishable under Sections 406, 420, 376, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner assisted her son in sexually abusing the informant multiple times. It is alleged that the petitioner took Rs.14 lacs on the pretext of marriage but only returned Rs.4 lacs. It is also alleged that the son of the petitioner had also taken jewellery from the informant. The petitioner and her son are alleged to have threatened the informant, her mother and her brother for dire consequences.
Patna High Court CR. MISC. No.77731 of 2023(2) dt.07-12-2023 2/3
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner and the specific allegation is against the co-accused Alok Kumar. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that the petitioner is also involved in the present case which is clear from the FIR itself. He further submits that the victim had informed the petitioner about the incident but still she did not took any step regarding that.
6. Having regard to the facts and circumstances of the case as well as considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
7. This application is, accordingly, dismissed.
8. However, if the petitioner surrenders before the learned
Patna High Court CR. MISC. No.77731 of 2023(2) dt.07-12-2023 3/3 Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.
(Anjani Kumar Sharan, J) shikha/- U T