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2023 Supreme(Online)(Pat) 6196
PATNA HIGH COURT
Mr. Justice Rajiv Roy
VINA KUMARI @ BINA DEVI @ BINA KUMARI – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./47672/2022
Ladies with no criminal antecedents who are accused of scuffling with the police in the process of arresting a wanted accused may be entitled to anticipatory bail.
Headnote:
ANTICIPATORY BAIL - OBSTRUCTING POLICE OFFICER - SECTION 353 IPC - INTERPRETATION
Fact of the Case:
The petitioners were accused of obstructing police officers from arresting a wanted accused, Manchun Singh, and tearing the uniform of one of the officers.
Finding of the Court:
The court found that the petitioners were ladies with no criminal antecedents and that the allegations against them were scuffling with the police in the process of arresting Manchun Singh.
Issues: Whether the petitioners should be granted anticipatory bail for obstructing police officers from arresting a wanted accused.
Ratio Decidendi: The court held that the petitioners were entitled to anticipatory bail considering their status as ladies with no criminal antecedents and the nature of the allegations against them.
Final Decision: The court granted anticipatory bail to the petitioners on the condition that they furnish bail of Rs. 10,000/- each with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47672 of 2022
Arising Out of PS. Case No.-238 Year-2021 Thana- BHAGWANPUR District- Begusarai
======================================================
VINA KUMARI @ BINA DEVI @ BINA KUMARI W/o Sanjeev Kumar
Prabhakar Resident of Village - Rampur Ward no.09, Raswa, P.S.-
Samastipur, Distt.- Samastipur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 50895 of 2022
Arising Out of PS. Case No.-238 Year-2021 Thana- BHAGWANPUR District- Begusarai
======================================================
1.
MUNNI DEVI Wife of Shyam Kishore Choudhary R/V- Augan, Ward No.
14,P.S- Bhagwanpur, Dist- Begusarai
2.
Rina Devi Wife of Manchan Singh @ Manchun Singh R/V- Mehdauli, ward
No. 11, P.S- Bhagwanpur, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 66275 of 2022
Arising Out of PS. Case No.-238 Year-2021 Thana- BHAGWANPUR District- Begusarai
======================================================
MUNDRIKA DEVI W/O LATE ANIL SINGH Resident of Village-
Mehdauli, P.S.- Bhagwanpur, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 47672 of 2022)
For the Petitioner/s
:
Mr.Anuj Kumar,Advocate
For the Opposite Party/s :
Mr.Rajendra Singh,APP
(In CRIMINAL MISCELLANEOUS No. 50895 of 2022)
For the Petitioner/s
:
Mr.Anuj Kumar,Advocate
For the Opposite Party/s :
Mr.Renu Kumari,APP
(In CRIMINAL MISCELLANEOUS No. 66275 of 2022)
Patna High Court CR. MISC. No.47672 of 2022(2) dt.04-01-2023
2/3
For the Petitioner/s
:
Mr.Man Mohan Kumar,Advocate
For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2
04-01-2023
Heard Mr. Ansul, learned counsel for the petitioners
and the APPs who representing the State.
The petitioners apprehend their arrest in connection
with Bhagwanpur P.S. Case No. 238 of 2021 for the offence
registered under Sections 143, 341, 323, 332, 353, 224, 504,
506/34 of the Indian Penal Code.
As per the prosecution story, the police upon
patrolling got a tip that the wanted accused Manchun Singh is
present in his house and when the police party reached there to
arrest him, the allegation against the family members including
the three petitioners is/are of prohibiting them from arrest and in
the process, they also tore the uniform of one of the police
officer.
Learned counsel for the petitioners submit that the
police to hide its failure has roped in the entire family members
of the accused, Manchun Singh which includes the present
female members too. It is his further submission that none of the
petitioners are having criminal antecedent.
Learned APP for the State, on the other hand,
vehemently opposes the prayer for bail.
Patna High Court CR. MISC. No.47672 of 2022(2) dt.04-01-2023
3/3
Taking into account the fact that all the three
petitioners are ladies, they do not have criminal antecedent and
the allegations against them are scuffling with the police in the
process of arrest of Manchun Singh, this Court is inclined to
grant them privilege of anticipatory bail.
Let the petitioners in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned J.M. 1st Class,
Begusarai in connection with Bhagwanpur P.S. Case No. 238 of
2021 subject to condition as laid down under Section 438(2) of
the Cr.P.C.
Jagdish/Neha/-
