Anita Devi And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.47507 of 2015 (2) dt.03-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47507 of 2015 Arising Out of PS.Case No. -171 Year- 2015 Thana -ALAULI District- KHAGARIA ======================================================
1. Anita Devi W/o Gurudeo Paswan
2. Mohan Paswan, S/o Indradeo Paswan
3. Sonu Paswan, S/o Indradeo Paswan All are Resident of VillageSaharbanni, P.S.- Alauli, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-11-2015 Learned counsel for the petitioners seeks permission to withdraw the application so far as petitioner no. 2 Mohan Paswan is concerned.
2. As prayed, the anticipatory bail application as against the petitioner no. 2 is permitted to be withdrawn and is dismissed as such.
3. Heard learned counsel for the petitioners and learned APP for the State.
4. The petitioners apprehend their arrest for the offences alleged under Sections 363 and 364 of the Indian Penal Code registered in connection with Alauli P.S. Case No. 171 of 2015.
5. It is submitted that the petitioners have been falsely implicated and there is two days delay in instituting
Patna High Court Cr.Misc. No.47507 of 2015 (2) dt.03-11-2015 the F.I.R.
6. Considering that there is no specific overt act attributed to the petitioner no. 1 being a lady as well as the petitioner no. 3 not being F.I.R. named accused and both persons claim clean criminal antecedent, in the event of the petitioner nos. 1 and 3's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner nos. 1 and 3 be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No. 171 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Vikash Jain, J) Md. Ibrarul/- U T