Patna High Court
Mangli Devi vs The State Of Bihar on 15 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4371 of 2021
Arising Out of PS. Case No.-59 Year-2020 Thana- BAUSI District- Araria
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Mangli Devi, age-45 years, (female), W/O Shivlal Rathor, resident of Village
- Vinodpur, P.S. - Bausi, District - Araria
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate
For the State : Mr. Satya Nand Shukla, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 15-06-2021
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis
of motion slip filed by learned counsel for the petitioner
yesterday, which was allowed.
3. Heard Mr. Nafisuzzoha, learned counsel for the
petitioner and Mr. Satya Nand Shukla, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
4. The petitioner apprehends arrest in connection with
Bausi PS Case No. 59 of 2020 dated 06.06.2020, instituted
under Sections 212/216A/120B/353/34 of the Indian Penal
Code.
Patna High Court CR. MISC. No.4371 of 2021 dt.15-06-2021
5. The allegation against the petitioner is that when the
police had gone to her house to arrest her husband and his other
associates, she had obstructed and had also torn the uniform of a
constable.
6. Learned counsel for the petitioner submitted that
she is a lady and has been falsely implicated. It was submitted
that just because she is the wife of Shivlal Rathor in whose
house it is alleged that a notorious criminal Vijay Rathor and his
associates had assembled, she has been made an accused. It was
submitted that it is not believable that a lady would obstruct the
police force which is armed. Further, it was submitted that even
though the allegation is that she was harboring the criminals in
her house but she had no knowledge or role with regard to any
activity of her husband and also that the allegation of having
torn the uniform of a constable is a bald allegation. It was
submitted that the present case has been filed separately as the
case with regard to arrest of others, including the petitioner's
husband, and recovery of firearms from them, is the subject
matter of a separate case lodged by the police. Learned counsel
submitted that the petitioner has no criminal antecedent.
7. Learned APP submitted that the allegation is of
obstructing the police in the raid and also of getting into a
Patna High Court CR. MISC. No.4371 of 2021 dt.15-06-2021
scuffle with them and tearing the uniform of a constable.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Araria in Bausi PS Case
No. 59 of 2020, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 and further (i)
that one of the bailors shall be a close relative of the petitioner,
(ii) that the petitioner and the bailors shall execute bond with
regard to good behaviour of the petitioner, (iii) that the
petitioner shall also give an undertaking to the Court that she
shall not indulge in any illegal/criminal activity or act in
violation of any law/statutory provisions and (iv) that the
petitioner shall cooperate with the Court and police/prosecution.
Any violation of the terms and conditions of the bonds or the
undertaking or failure to cooperate shall lead to cancellation of
her bail bonds.
9. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioner, to
Patna High Court CR. MISC. No.4371 of 2021 dt.15-06-2021
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
petitioner.
10. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
