Chinta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13451 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- AKBARNAGAR District- Bhagalpur ====================================================== 1.

Chinta Devi Wife of Wakil Das Resident of Village- Hari Nagar, P.S.- Akbar Nagar, District- Bhagalpur.

2.

Nishan Das @ Nishant Das @ Nishant Kumar Son of Wakil Das Resident of Village- Hari Nagar, P.S.- Akbar Nagar, District- Bhagalpur. 3.

Himanshu Das @ Himanshu Kumar @ Boga Son of Wakil Das Resident of Village- Hari Nagar, P.S.- Akbar Nagar, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Kamal Kumar Sinha, Advocate For the Opposite Party :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Akbar Nagar P.S. Case No.107 of 2021 registered for offences under Sections 302/34 of the Indian Penal Code. At the very outset, learned counsel for the petitioners prays for withdrawal of the application on behalf of the petitioner nos. 2 and 3, namely, Nishan Das @ Nishant Das @ Nishant Kumar and Himanshu Das @ Himanshu Kumar @ Boga.

Prayer is allowed. The application for anticipatory

Patna High Court CR. MISC. No.13451 of 2022(2) dt.22-03-2022 2/3 bail is dismissed as withdrawn so far as petitioner nos. 2 and 3, namely, Nishan Das @ Nishant Das @ Nishant Kumar and Himanshu Das @ Himanshu Kumar @ Boga are concerned. In case petitioner nos. 2 and 3, namely, Nishan Das @ Nishant Das @ Nishant Kumar and Himanshu Das @ Himanshu Kumar @ Boga surrender and pray for regular bail before the court below within a period of four weeks from today, the court below will consider the petition for regular bail of the petitioners without being prejudiced by the fact that anticipatory bail petition has been rejected by this Court. The court below will also consider the post mortem report of the deceased while considering regular bail of petitioner nos. 2 and 3. So far as petitioner no. 1, namely, Chinta Devi is concerned, she is aged about 50 years and it seems that she has been falsely implicated in the case.

Considering the fact that petitioner no. 1 is a lady and there is no chance of her absconding, this application for anticipatory bail is allowed.

Accordingly, let petitioner no.1, namely, Chinta Devi, in the event of her arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.13451 of 2022(2) dt.22-03-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Akbar Nagar P.S. Case No.107 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) BT/- U T