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Patna High CourtCR. MISC./14863/2023allowed

Avita Kumari @ Avita Devi v. The State Of Bihar

2023-05-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14863 of 2023 Arising Out of PS. Case No.-138 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Avita Kumari @ Avita Devi W/O Dharmendra Prasad @ Dharmendra Prasad Yadav R/V- Madhuahan Mal, P.S.- Rajepur, District- East Champaran 2.

Anchala Kumari @ Aanchla Kumari W/O Jitendra Kumar @ Jitendra Prasad Yadav R/V- Madhuahan Mal, P.S.- Rajepur, District- East Champaran 3.

Shakila Devi W/O Bhiringi Ray R/V- Madhuahan Mal, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 385, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioners is that they along with others co-accused persons assaulted the informant and his family members.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the

Patna High Court CR. MISC. No.14863 of 2023(2) dt.12-05-2023 2/2 petitioners. He further submits that petitioners are ladies. He submits that total eight persons have been made accused in this case and the allegation of demand of rangdari by the accused persons is highly and probable as the accused persons come of a respectable family and in Government job. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Rajepur P.S. Case No.138/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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