Patna High CourtCR. MISC./4417/2024disposed

Lilawati Devi v. The State Of Bihar

2024-02-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4417 of 2024 Arising Out of PS. Case No.-33 Year-2023 Thana- SIMRI District- Buxar ====================================================== 1.

Lilawati Devi, (F), aged about 21 years, Wife of Late Rampravesh Sah, Resident of Village - Bhichchhuk Ke Dera, P.S. - Simari, District - Buxar. 2.

Muniya Devi, (F), aged about 48 years, Wife of Jaidayal Sah, Resident of Village - Bhichchhuk Ke Dera, P.S. - Simari, District - Buxar. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Ramakant Yadav, Advocate For the Opposite Party :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Simari (Hata O.P.) P.S. Case No. 33 of 2023 dated 29.01.2023 registered for the offences punishable under Sections 363/34 of the I.P.C.

3. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners by submitting that the instant F.I.R. has been lodged against the petitioners under Section 363 read with Section 34 of the I.P.C., which is bailable in nature. The anticipatory bail

Patna High Court CR. MISC. No.4417 of 2024(3) dt.29-02-2024 2/2 application of the petitioners is not maintainable.

4. Considering the same, the anticipatory bail application of the petitioners stands disposed of with a direction to the petitioners to surrender before the learned court below within a period of ten weeks from the date of receipt/production of a copy of this order and the learned court below shall consider the prayer for regular bail of the petitioners without being prejudiced of the order of this Court in connection with Simari (Hata O.P.) P.S. Case No. 33 of 2023, pending in the court of learned A.C.J.M.-IV, Buxar.

(Chandra Prakash Singh, J) U.K./- U T