Allowed

Puja Arya @ Pooja Arya v. The State of Bihar

Patna HC4 Aug 2023CR. MISC./45119/2023

Case brief

AI extract

What is this about?

Criminal Misc. No. 45119 of 2023 (2) allowed the petition for anticipatory bail to the two female petitioners accused of offences under Section 341, 342, 353, 504/34 IPC, subject to specific conditions including furnishing a bond, family surety, and undertaking not to tamper with evidence or flee.

What did the court decide?

Anticipatory bail granted subject to furnishing of Rs. 10,000 bond with two sureties and compliance with statutory conditions.

Puja Arya @ Pooja Arya Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45119 of 2023

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Arising Out of PS. Case No.-524 Year-2019 Thana- DANAPUR District- Patna

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======================================================

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PUJA ARYA @ POOJA ARYA D/o- Vijay Kumar Village- Nasariganj Biscuit Factory More,Ps- Danapur, Dist- Patna

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Renu Devi @ Renu Kumari Gupta Wife of Vijay Kumar Village- Nasariganj Biscuit Factory More,Ps- Danapur, Dist- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Chairman, South Bihar Electric Supply Division, Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Akhileshwar Pandey, Advocate For the Opposite Party/s : Mr. Ajay Kuamr, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 04-08-2023

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Heard the learned Counsel for the petitioners and Mr.

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Ajay Kumar who represent the State.

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The petitioners apprehend their arrest in connection with Danapur P.S. Case No. 524 of 2019 for the offence punishable under Section 341, 342, 353, 504/ 34 of the lodged on 29.06.2019 by the complainant Deepak Kumar.

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As per the prosecution story, the allegation is that during meter reading, the petitioners virtually house arrested the Electricity Department employee and despite the informant reaching there and request to open the gate, the two petitioner herein did not open the door and abused. Accordingly, the Senior Officers were informed and it was only after the

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Patna High Court CR. MISC. No.45119 of 2023(2) dt.04-08-2023 2/4

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intervention of the police, the employee could be released. Accordingly, the FIR.

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It is the case of the learned counsel for the petitioners that they were only wanted to inquire about the problem in the meter reading and contrary to the allegation, actually, the meter reader talked in an indecent manner. Thereafter, the petitioners herein called the police which was given a different colour. He however, concede that there has been delay in approaching the court despite the fact that the anticipatory bail of the petitioners was rejected by the Subordinate Court in 2019 itself. He undertakes on instruction that whatever amount of the Electricity Department is pending relating to the said meter reading, the same shall be paid at the time of execution of bail bonds if they are granted the privilege of anticipatory bail

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Learned counsel appearing for the Electricity Department, who opposes the prayer stating that not only they abused the meter reader, also delayed approaching this Court.

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Although there is force in the submission put forward by the learned counsel appearing for the Electricity Department, considering the fact that both the petitioners are lady, there is only an allegation of abuse and they are ready to pay whatever amount is dues relating to the said meter reading, this Court is

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Patna High Court CR. MISC. No.45119 of 2023(2) dt.04-08-2023 3/4

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inclined to extend them the privilege of anticipatory bail with conditions.

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Let the petitioners, in the event of their arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.- 1^st , Danapur in connection with Danapur P.S. Case No. 524 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show their bona fide;

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(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

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(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty

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Patna High Court CR. MISC. No.45119 of 2023(2) dt.04-08-2023 4/4

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to take steps for cancellation of their bail bonds.

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With the aforesaid observations, the anticipatory bail

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application is allowed.

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Jagdish/Jyoti/-

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(Rajiv Roy, J)

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Puja Arya @ Pooja Arya v. The State of Bihar

Case brief

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What did the court decide?

Puja Arya @ Pooja Arya v. The State of Bihar

Case brief

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What the court decided

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Statutes considered

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