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Patna High CourtCR. MISC./26857/2021allowed

Moti Devi v. The State Of Bihar

2022-02-22Mr. Justice Arvind Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26857 of 2021 Arising Out of PS. Case No.-197 Year-2020 Thana- PIPRA District- Supaul ====================================================== 1.

MOTI DEVI Daughter of Late Nasib Lal Kamat Resident of Village - Tetrahi, Police station - Pipra, District - Supaul. 2.

Pramod Khan @ Shankar Khan Son of Dinanath Khan Resident of Village - Tetrahi, Police station - Pipra, District - Supaul. 3.

Ratani Devi Wife of Arun Mandal Resident of Village - Tetrahi, Police station - Pipra, District - Supaul.

4.

Ajay Kumar Son of Siyaram Kamat Resident of Village - Tetrahi, Police station - Pipra, District - Supaul.

5.

Shashi Kamat @ Shashi Mandal Son of Kalyandat Kamat @ Khikhra Resident of Village - Tetrahi, Police station - Pipra, District - Supaul. 6.

Basant Mandal @ Khikhra Son of Kalyandat Kamat @ Kalyan Mandal @ Kalyan Resident of Village - Tetrahi, Police station - Pipra, District - Supaul. 7.

Ram Bahadur Mandal Son of Chitar Kamat Resident of Village - Tetrahi, Police station - Pipra, District - Supaul.

8.

Uramila Devi Wife of Rajendra Mandal Resident of Village - Tetrahi, Police station - Pipra, District - Supaul.

9.

Chandeshwari Mandal @ Chandeshwari Kamat @ Chano Kamat Son of Late Nasib Lal Mandal Resident of Village - Tetrahi, Police station - Pipra, District - Supaul.

10.

Choti Devi Wife of Vijay kamat Resident of Village - Tetrahi, Police station - Pipra, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-02-2022 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner nos. 2, 7 and 9 since

Patna High Court CR. MISC. No.26857 of 2021(2) dt.22-02-2022 2/3 during the pendency of this application they have been arrested. Permission is accorded.

Accordingly, the application of petitioner nos. 2, 7 and 9 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 1, 3, 4, 5, 6, 8 and 10 and the learned A.P.P. for the State. The petitioners apprehend arrest in connection with Pipra P.S. Case No. 197 of 2020 registered under Sections 147, 148, 149, 153A, 270, 273, 323, 325, 307, 353, 427, 447, 504 and 506 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. There is no specific allegation against the petitioners. Petitioners are members of mob. Further he submits that petitioners have no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner nos. 1, 3, 4, 5, 6, 8 and 10 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of A.C.J.M.-VI, Supaul in connection with Pipra P.S. Case No. 197 of 2020,

Patna High Court CR. MISC. No.26857 of 2021(2) dt.22-02-2022 3/3 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U T