Rina Choudhary @ Rina Kumari @ Zila Parshad Rina Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1871 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== RINA CHOUDHARY @ RINA KUMARI @ ZILA PARSHAD RINA CHOUDHARY D/O LATE RAM SOGARATH MAHTO @ RAM SWARTH MAHTO Resident of village- Mouza Vishnupur Kaiju Bahuara, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umeshanand Pandit For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Patepur P.S. Case No. 160 of 2022 registered for the offence punishable under Sections 147, 149, 341, 332, 427, 224, 188, 353 and 201 of the Indian Penal Code. The allegation is regarding 40-50 persons including the petitioner herein having tried to get the persons apprehended by the police, released from the custody of the police as also having engaged in damaging police vehicles.

The learned counsel for the petitioner submits that the petitioner is innocent, she has been falsely implicated in the present case and she is having a clean antecedent. The learned

Patna High Court CR. MISC. No.1871 of 2023(2) dt.17-05-2023 2/3 counsel for the petitioner has further submitted that as far as the petitioner is concerned, there is no allegation of her having engaged in any sort of overt act. Lastly, it is submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a coordinate Bench of this Court, vide order dated 27.3.2023, passed in Criminal Miscellaneous No. 1674 of 2023.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted anticipatory bail by a coordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two

Patna High Court CR. MISC. No.1871 of 2023(2) dt.17-05-2023 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Patepur P.S.Case No. 160 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T