Patna High CourtCR. MISC./84120/2023bail granted

Sarita Devi v. The State Of Bihar

2024-01-18Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84120 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== SARITA DEVI, aged about 60 years, Female, W/O SUNIL PANDEY R/O VILLAGE- KEWATGAMA, WARD NO. 15, P.S- KUMARKHAND, DISTT.- MADHEPURA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-01-2024 Heard Mr. Uday Chand Prasad, learned counsel appearing on behalf of the petitioner and Mr. Vinod Shanker Modi, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kumarkhand P.S. Case No. 190 of 2023 dated 23.05.2023 registered for the offence(s) punishable under Sections 341, 323, 354B, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons named therein, assaulted and outraged the modesty of the informant. Allegation against the petitioner is of snatching Rs.20,000/- from the informant.

Patna High Court CR. MISC. No.84120 of 2023(2) dt.18-01-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is a lady and allegation is ornamental in nature. It is further submitted that petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner in the FIR and also the fact that petitioner is a lady, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Madhepura in connection with Kumarkhand P.S. Case No. 190 of 2023 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will

Patna High Court CR. MISC. No.84120 of 2023(2) dt.18-01-2024 3/3 automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T