Upendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14104 of 2022 Arising Out of PS. Case No.-110 Year-2021 Thana- BAISI District- Purnia ====================================================== 1.

UPENDRA SHARMA Son of Late Arjun Sharma Residing at Village - Shadipur, P.s.- Baisi, Dist.- Purnia.

2.

Vipati Devi W/o Banka Sharma Residing at Village - Shadipur, P.s.- Baisi, Dist.- Purnia.

3.

Mina devi W/o Jhabra Sharma Residing at Village - Shadipur, P.s.- Baisi, Dist.- Purnia.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Hussain For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 302, 201/120B of the Indian Penal Code.

The allegation against the petitioners is that they murdered the daughter of the informant and has thrown her dead body to screen themselves from legal punishment. It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.14104 of 2022(2) dt.03-11-2022 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no independent eyewitness in the present case. The petitioners have been made accused only on the basis of suspicion. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is ample materials against the petitioners in the impugned order. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioners named above on bail. The prayer for grant of anticipatory bail on behalf of the petitioners is rejected.

This instant application is dismissed.

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