Anticipatory bail granted to women alleged of obstructing a police officer: Patna High Court
In the present case, the Petitioner apprehends arrest under section 212/216A/120B/353/34 of the Indian Penal Code. A single-judge bench comprising of Justice Ahsanuddin Amanullah adjudicating in the matter of Mangla Devi v. State of Bihar (CRIMINAL MISCELLANEOUS No.4371 of 2021) dealt with the issue of whether to grant anticipatory bail or not to the accused.
The Petitioner is alleged that when police had gone to her to arrest her husband and his associates, she obstructed and had also torn the uniform of a constable.
The Petitioner submitted that she is a lady and she has been falsely implicated in the present case. In the house of the Petitioner, it was alleged that a notorious criminal Vijay Rathor, and his associates had assembled. It is also submitted that the allegations are not believable that a lady would obstruct a police officer who is armed. The allegations of harboring the criminals are blatant and frivolous because she had no knowledge or role in regards to any activity of her husband.
It was submitted that the present case has been filed separately as the case with regard to the 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.
The counsel on behalf of the Respondent submitted is of obstructing the police in the raid and also of getting into a scuffle with them and tearing the uniform of a constable.
The court after considering the facts and circumstances of the case and submissions of learned counsel for the parties it is held that,”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
- that one of the bailors shall be a close relative of the petitioner,
- that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner,
- 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.”