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Patna High CourtCR. MISC./20887/2021allowed

Nirmal Rishi v. The State Of Bihar

2022-01-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20887 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- KORHA District- Katihar ====================================================== 1.

NIRMAL RISHI S/o Late Baijnath Rishi, Resident of Village, P.O. and P.S.- Korha, District- Katihar.

2.

Rekha Devi W/o Nirmal Rishi, Resident of Village, P.O. and P.S.- Korha, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshuman Jaipuriyar, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-01-2022 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no.1 Nirmal Rishi, who has been arrested during pendency of this application. Permission is accorded.

The application of petitioner no.1 (Nirmal Rishi) is, accordingly, dismissed as withdrawn.

Heard both sides through Video Conferencing.

Petitioner no.2, Rekha Devi apprehends her arrest in Korha P.S. Case No.191 of 2020 registered under Sections 307, 379 and other minor sections of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further

Patna High Court CR. MISC. No.20887 of 2021(2) dt.13-01-2022 2/2 submitted that there is no specific allegation against the petitioner. There is a case and counter case between both the parties. The petitioner has got no criminal antecedent. Considering the above facts and circumstances of the case, petitioner no.2 (Rekha Devi), in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing personal bond to the satisfaction of learned C.J.M., Katihar in connection with Korha P.S. Case No.191 of 2020 corresponding to G.R. No.1598 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Harish/- (Arvind Srivastava, J) U T