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Patna High CourtCR. MISC./973/2019disposed

Anandi Poddar And ORS v. The State Of Bihar

2019-02-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.973 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- MANSI District- Khagaria ======================================================

1. Anandi Poddar and Ors S/o Late Jageshwar Poddar

2. Bebi Devi, aged about 49 years, Female W/o Anandi Poddar

3. Jyoti Devi @ Jyoti Kumari, aged about 21 years, female W/o Sintu Poddar All are R/vill-Chukti, P.S-Mansi,Distt.-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Mansi P.S.Case No. 161 of 2018, registered for offences punishable under Section 341, 323, 354A, 307, 504 and 506/34 of the Indian Penal Code.

Allegation as per FIR against the petitioners is of asking the informant to withdraw the case, which was earlier filed by the informant and assaulted with leg, fist and fat to the informant, causing injury and her mother-in-law also tried to kill her by putting rope around her neck as a result of which she became unconscious.

Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the

Patna High Court Cr.Misc. No.973 of 2019(3) dt.05-02-2019 2/2 petitioners and there is land dispute between the parties and petitioners have not misuse the privilege of bail, granted to them by police under section 41 of the Cr.P.C.

Learned A.P.P. opposes the prayer for bail.

In view of allegation against the petitioners, above named, I am not inclined to grant bail to the petitioners,rather the petitioners surrender before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court considering the fact that they have been granted benefit of Section 41 Cr. P.C. and they have not misuse the same, if possible on same day.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) sudha/- U T