Petitioner released on bail upon furnishing bail bonds after being arrested under Sections 147/149/302 of the Indian Penal Code: High court of Patna

The petitioner was arrested under Section 147 of the Indian Penal Code, “Punishment for rioting”, section 149, “ Every member of unlawful assembly guilty of offense commit­ted in the prosecution of a common object”, section 302 of the Indian Penal Code, “Punishment for murder”. This is in connection with Simri Bakhtiyarpur PS Case No. 263 of 2019 dated 05.07.2019.

This Judgment was given in the high court of Judicature at Patna on the 6th  of July 2021 by the Honorable Mr. Justice Ahsanuddin Amanullah in the case of Baby Khatoon versus the state of Bihar criminal miscellaneous No. 37145 of 2020, Mr. Uday Chand represented as the advocate for the petitioner and Mr. Arvind Kumar represented the state of Bihar as the additional Public prosecutor, the proceedings of the court were held through video conference.

The following are the facts of the case, the petitioner was accused along with her family members of assaulting the informant and his daughter and his brother which resulted in injuries. The counsel for the petitioner held that the petitioners were ladies and since they were accused of assault along with the male member of the family and the reason they have been implicated was to involve the entire family. It was submitted that the male members were previously in a fight where the petitioners never intervened since petitioner no.1 is only 18 years and petitioner no.2 is a window of 60 years the counsel further conceded that the petitioner has no other criminal antecedent.

The Additional Public Prosecutor held that the petitioners have committed assault which resulted in the death of one person, it was not disputed that the allegations of assault against the petitioner were in general and omnibus.

After considering the facts and circumstances of the case the court held that the petitioners will be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, subject to the conditions under Section 438(2) Cr.P.C., 1973  “(i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute the bond and give an undertaking with regard to good behavior of the petitioners, and (iii) that the petitioners shall cooperate with the Court and police/prosecution.”

 The court concluded that “Any violation of the terms and conditions of the bonds or the undertaking or non-cooperation shall lead to cancellation of their bail bonds. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court concerned, which shall take immediate action on the same after giving the opportunity of hearing to the petitioners.”

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