Sabita Devi @ Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2654 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- NAGAR District- Vaishali ====================================================== 1.

Sabita Devi @ Kavita Devi Daughter Of Shivnath Paswan Resident Of Mohalla- Bagmali, P.S.- Town, Hajipur, District- Vaishali. At Present Wife Of Rajesh Paswan, Resident Of Village- Imadpur Sultan, P.S.- Vaishali, District- Vaishali.

2.

Sarita Devi @ Maina D/O Shivnath Paswan Resident Of Mohalla- Bagmali, P.S.- Town Hajipur, District- Vaishali. At Present Wife Of Permod Paswan, Resident Of Village- Mahnar Naya Tola, P.S.- Mahnar, District- Vaishali. 3.

Pano Devi W/O Shivnath Paswan Resident Of Mohalla- Bagmali, P.S.- Town Hajipur, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Learned counsel for the petitioners submits that the petitioner no. 2 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 2.

Permission is granted.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will

Patna High Court CR. MISC. No.2654 of 2022(2) dt.12-07-2022 2/2 place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 1 is sister-in-law (Nanad) of the deceased and petitioner no. 3 is mother-in-law of the deceased and they are living separately from the husband of the deceased since 2016. He submits that the husband of the deceased is already in judicial custody. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the petitioners are also involved in the present case.

Considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Hajipur Town P.S. Case No. 61 of 2021.

(Anjani Kumar Sharan, J) devendra/- U T