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Patna High CourtCR. MISC./28109/2021allowed

Nanda Devi v. The State Of Bihar

2022-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28109 of 2021 Arising Out of PS. Case No.-377 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

NANDA DEVI W/O SANJAY KUMAR R/O VILLAGE-SAHBAJPUR, P.S.-AHIYAPUR, DISTRICT-MUZAFFARPUR.

2.

ANAMIKA KUMARI @ ANAMIKA DEVI W/O MUKESH KUMAR R/O VILLAGE-SAHBAJPUR, P.S.-AHIYAPUR, DISTRICT-MUZAFFARPUR. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Rambilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 323, 379, 427, 385, 504 & 506 of the Indian Penal Code.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.28109 of 2021(2) dt.03-01-2022 2/2 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against co-accused Mukesh Kumar and Sanjay Kumar. As a matter of fact, the mother of the informant has already sold her share but the informant is adamant to grab the share of the petitioners and in that view this false and fabricated case has been lodged against them.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Ahiyapur P.S. Case No.377 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T