Sunita Kumari vs The State Of Bihar
2021 Latest Caselaw 2726 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 36618 of 2020
   Arising Out of PS Case No.-320 Year-2020 Thana- MAKHDUMPUR District- Jehanabad
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Sunita Kumari, aged about 28 years (Female), wife of Rahul Kumar, Resident of Village- Kurtha Dih, Police Station- Makhdumpur (Tehta O.P.), District- Jehanabad.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s    :       Mr. Umesh Kumar, Advocate
 For the State           :       Mr. Parmanand Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Umesh Kumar, learned counsel for the

petitioner and Mr. Parmanand Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Makhdumpur (Tehta OP) PS Case No. 320 of 2020 dated

11.08.2020, instituted under Sections 147, 149, 452, 337, 338,

354, 379, 504 and 506 of the Indian Penal Code.

4. The allegation against the petitioner is that he had

thrown the informant on the ground and snatched her mangalsutra

whereas against others, it is of general and omnibus assault.

Patna High Court CR. MISC. No.36618 of 2020 dt.28-06-2021

5. Learned counsel for the petitioner submitted that the

case is false as earlier Makhdumpur (Tehta OP) PS Case No. 319

of 2020, was instituted by co-villager Braj Bhushan Paswan

against the informant and her husband and others of abuse, assault

and also threatening using caste name. It was submitted that the

informant used to call antisocial elements to her house which was

objected by the people as they used to come and commit rangdari

and that is why as a counter blast, the present case has been

lodged, which is absolutely false. It was submitted that the

allegation against the petitioner of having thrown the informant on

the ground and snatching her mangalsutra is only cosmetic in

nature. Learned counsel submitted that besides being a lady, the

petitioner has no criminal antecedent.

6. Learned APP submitted that the allegation against the

petitioner is of snatching mangalsutra after throwing the

informant on the ground.

7. 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 Patna High Court CR. MISC. No.36618 of 2020 dt.28-06-2021

learned Chief Judicial Magistrate, Jehanabad in Makhdumpur

(Tehta OP) PS Case No. 320 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 and give undertaking with regard to good behaviour

of the petitioner and (iii) that the petitioner shall co-operate with

the police/prosecution and the Court. Any violation of the terms

and conditions of the bonds or the undertaking or failure to co-

operate shall lead to cancellation of her bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T