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Patna High CourtCR. MISC./13992/2022allowed

Anarba Devi v. The State Of Bihar

2022-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13992 of 2022 Arising Out of PS. Case No.-356 Year-2013 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Anarba Devi W/O Mahendra Thakur R/O Village- Kanti Kaswa, P.S.- Kanti, District- Muzaffarpur 2.

Ram Babu Thakur S/O Mahendra Thakur R/O Village- Kanti Kaswa, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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

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

Petitioners including the other co-accused persons are said to have assaulted the father of the informant by means of lathi and danda.

Patna High Court CR. MISC. No.13992 of 2022(3) dt.05-12-2022 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is general and omnibus allegation leveled against the petitioners. He submits that there is no specific overt act against the petitioners. He submits that during investigation police has filed the final form against the petitioners but the learned court below has taken cognizance against them. He further submits that petitioners have clean criminal antecedent.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kanti P.S. Case No. 356 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) guddukr/- U T