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Patna High CourtCR. MISC./21213/2022dismissed

Priti Kumari @ Priti Devi v. The State Of Bihar

2022-11-15Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15251 of 2022 Arising Out of PS. Case No.-373 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== SHARAWAN KUMAR S/o Late Basu Ray R/o Village- Hargovindpur, P.S.- Mahnar, District- Vaishali at Hajipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 21213 of 2022 Arising Out of PS. Case No.-373 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== 1.

PRITI KUMARI @ PRITI DEVI W/o Papu Kumar Resident of Village - Sarmastpur, P.s.- Mahnar, Distt.- Vaishali.

2.

Minta Devi @ Mita Devi W/o Ram Sagar Rai Resident of Village - Sarmastpur, P.s.- Mahnar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 15251 of 2022) For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. A.G.

(In CRIMINAL MISCELLANEOUS No. 21213 of 2022) For the Petitioner/s :

Mr. Rakesh Prabhat For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

Heard learned counsel for the petitioners and the

Patna High Court CR. MISC. No.15251 of 2022(2) dt.15-11-2022 2/3 learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within three weeks of resumption of physical court proceeding. 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 302 & 201/34 of the Indian Penal Code.

While the informant's son had gone to his Sasural, all the F.I.R. named accused persons along with 4-5 other coaccused are said to have killed his son. The petitioners are quite innocent and have been falsely implicated in this case due to dirty village politics and suspicion. There is no direct and indirect evidence against the petitioners. The allegations levelled against the petitioners is general and omnibus in nature. Petitioners have no criminal antecedent.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

Patna High Court CR. MISC. No.15251 of 2022(2) dt.15-11-2022 3/3 Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, the petitioners are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

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