Rani Kumari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Rani Kumari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for bail allowed: in the event of arrest or surrender within six weeks, petitioner Rani Kumari to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pipra Kothi P.S. Case No. 159 of 2023, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioner, who apprehends her arrest in Pipra Kothi P.S. Case No. 159 of 2023 registered for offences punishable under Sections 147, 149, 341, 323, 324, 325, 379, 447, 307, 504 and 506 of the I.P.C., is entitled to be enlarged on bail (in the event of arrest or surrender).

Court's answer

Taking into account the facts and circumstances of the case and the petitioner's clean antecedent, the Court directs that in the event of arrest or surrender within six weeks, the petitioner shall be enlarged on bail in connection with Pipra Kothi P.S. Case No. 159 of 2023.

Ratio / Principle

Bail is granted on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.

Key takeaways

The grant of bail is made subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶¶18

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), Criminal Miscellaneous No. 19802 of 2024, decided 02-04-2024: Petitioner Rani Kumari, apprehending arrest in Pipra Kothi P.S. Case No. 159 of 2023 (East Champaran) registered for offences under Sections 147, 149, 341, 323, 324, 325, 379, 447, 307, 504 and 506 I.P.C., sought bail. Counsel argued the assault allegation (F.I.R.: injury to informant's wife's eyebrow by tanguli) was general and omnibus, the case a counter blast to Pipra Kothi P.S. Case No. 156 of 2023 lodged by co-accused Sonelal Sahani, parties being pattidar and petitioner an unmarried girl of clean antecedent; the State's A.P.P. opposed. Court held that, considering the facts and circumstances and clean antecedent, in the event of arrest or surrender within six weeks the petitioner be enlarged on bail on a bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the CJM, Motihari, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19802 of 2024

Arising Out of PS. Case No.-159 Year-2023 Thana- PIPRAKOTHI District- East Champaran

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

Rani Kumari D/o Santlal Sahani R/o vill - Wattganj, P.O. and P.S. - Pipra Kothi, Distt. - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 02-04-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 379, 447, 307, 504 and 506 of the I.P.C.

As per the F.I.R., petitioner is alleged to have assaulted the wife of informant with tanguli , due to which she sustained injury on her eyebrow.

Learned counsel for the petitioner submits that allegation of assault is general and omnibus against the petitioner. The present case is counter blast of Pipra Kothi P.S. Case No. 156 of 2023 lodged by co-accused Sonelal Sahani. Both parties are pattidar . Petitioner is an unmarried girl and has got clean antecedent.

Patna High Court CR. MISC. No.19802 of 2024(2) dt.02-04-2024 2/2

Learned A.P.P. for the State opposes the prayer for

bail.

Considering the aforesaid facts and circumstances and clean antecedent of the petitioner, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra Kothi P.S. Case No. 159 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J)

sadique/-