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Patna High CourtCR. MISC./16904/2020partly allowed disposal

Panpati Devi v. The State Of Bihar

2021-01-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16904 of 2020 Arising Out of PS. Case No.-225 Year-2018 Thana- GURUA District- Gaya ====================================================== 1.

PANPATI DEVI Wife of Late Krishna Das Resident of Village - Bharaundha, P.S.- Gurua, District- Gaya 2.

Dharmendra Das @ Dasmendra Kumar Son of Late Krishna Das Resident of Village - Bharaundha, P.S.- Gurua, District- Gaya 3.

Savindra Kumar @ Samindra Kumar Das Son of Late Krishna Das Resident of Village - Bharaundha, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2021 Heard the learned counsel for the petitioners and Ms. Anita Kumari Singh, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Gurua PS case no. 225 of 2018 registered for the offences punishable under Sections 354(A) and other allied sections of Indian Penal Code.

At the outset, the learned counsel for the petitioners in presence of the learned APP for the State seeks to withdraw the present petition qua petitioners no. 2 and 3 in order to enable them to surrender before the learned court below and seek regular bail.

Patna High Court CR. MISC. No.16904 of 2020(4) dt.06-01-2021 2/3 Accordingly, the present petition qua petitioners no. 2 and 3 stands dismissed as not pressed, however with the aforesaid liberty.

The allegation is regarding the accused persons including the petitioners herein having assaulted the informant and his family members.

The learned counsel for the petitioners has submitted that the petitioner no. 1 is innocent and has been falsely implicated in the present case. It is further submitted that a general and omnibus allegation has been levelled against the petitioners and as far as petitioner no. 1 is concerned, no specific allegation of any sort of over act has been levelled. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available in the case diary, I deem it fit and appropriate to admit the petitioner no. 1 to the privilege of anticipatory bail. Accordingly, the petitioner no. 1, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be

Patna High Court CR. MISC. No.16904 of 2020(4) dt.06-01-2021 3/3 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya in connection with Gurua PS case no. 225 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T