Sugapati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81178 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- KAKO District- Jehanabad ====================================================== Sugapati Devi, Wife of Arun Yadav @ Arun Kumar, R/o Vill.- Mahmadpur, P.S.- Kako, Dist.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Singh, Adv.
For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-12-2024 Heard the parties.
2. The petitioner apprehends her arrest in connection with Kako P.S. Case No. 213 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1), 302(2), 352, 351(2), 3(5) of B.N.S.S., 2023.
3. Allegedly, on the fateful day, while the informant was returning after withdrawing Rs. 20,000/- from his account, in the meanwhile, co-accused Arun Kumar and his two sons along with other 2-3 unknown persons intercepted him. Co-accused Chandan Kumar fired upon the informant but it got misfired. It is further alleged that co-accused Kundan Kumar assaulted the informant by means of knife resulting into injury in the stomach of the informant. On account of assault, when the informant fell down on the ground, in the meantime, this
Patna High Court CR. MISC. No.81178 of 2024(2) dt.04-12-2024 2/3 petitioner came there and snatched golden chain of the informant. There is allegation of brick batting against the petitioner and her family members.
4. Learned counsel for the petitioner referring to the FIR, primarily contended that the entire allegation revolves around co-accused Arun Kumar, Chandan Kumar and Kundan Kumar, but only on account of longstanding dispute, the name of the petitioner along with other family members have been implicated in this case in order to wreak vengeance. After the alleged occurrence of assault, snatching of golden chain from the neck of the informant appears to be concocted. Moreover, the alleged occurrence took place on 15.07.2024 whereas the fardbeyan of the informant was recorded on 25.07.2024, leading to institution of the FIR. The petitioner is a lady having fair antecedent and he undertakes that she will fully cooperate in the proceedings of the Court.
5. On the other hand, learned counsel for the State and learned counsel for the informant opposed the bail application and submitted that the petitioner has actively participated in the crime and there is allegation of snatching of golden chain.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and
Patna High Court CR. MISC. No.81178 of 2024(2) dt.04-12-2024 3/3 the fact that the petitioner is lady having fair antecedent, let the petitioner above named be released on 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, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jehanabad in connection with Kako P.S. Case No. 213 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T