Anticipatory bail granted to women alleged of obstructing a police officer: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43721 Arising Out of PS. Case No. 59 Year 2020 Thana BAUSI District Araria Mangli Devi age 45 years W O Shivlal Rathor resident of Village Vinodpur P.S. Bausi District Araria ... Petitioner s The State Of Bihar Appearance : For the Petitioner s For the State Mr. Nafisuzzoha Advocate Mr. Satya Nand Shukla APP ... Opposite Party s CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15 06 2021 The matter has been heard via video conferencing. 2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner yesterday which was allowed. 3. Heard Mr. Nafisuzzoha learned counsel for the petitioner and Mr. Satya Nand Shukla learned Additional Public Prosecutor for the 4. The petitioner apprehends arrest in connection with Bausi PS Case No. 59 of 2020 dated 06.06.2020 instituted under Sections 212 216A 120B 353 34 of the Indian Penal Patna High Court CR. MISC. No.43721 dt.15 06 2021 2 4 5. The allegation against the petitioner is that when the police had gone to her house to arrest her husband and his other associates she had obstructed and had also torn the uniform of a 6. Learned counsel for the petitioner submitted that she is a lady and has been falsely implicated. It was submitted that just because she is the wife of Shivlal Rathor in whose house it is alleged that a notorious criminal Vijay Rathor and his associates had assembled she has been made an accused. It was submitted that it is not believable that a lady would obstruct the police force which is armed. Further it was submitted that even though the allegation is that she was harboring the criminals in her house but she had no knowledge or role with regard to any activity of her husband and also that the allegation of having torn the uniform of a constable is a bald allegation. It was submitted that the present case has been filed separately as the case with regard to 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. 7. Learned APP submitted that the allegation is of obstructing the police in the raid and also of getting into a Patna High Court CR. MISC. No.43721 dt.15 06 2021 3 4 scuffle with them and tearing the uniform of a constable. 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties 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 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 ii) 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 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. 9. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioner to Patna High Court CR. MISC. No.43721 dt.15 06 2021 4 4 the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the 10. The application stands disposed off aforementioned terms. Ahsanuddin Amanullah J) Anjani 

Summary: 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.