Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32954 of 2022 In CRIMINAL MISCELLANEOUS No.36185 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- AKILPUR District- Saran ====================================================== Babita Devi, aged about 45 years, Female, Wife of Mohan @ Dilip Kumar, Resident of village- Manish, Naya Panapur, P.S.- Ailpur, District- Saran (Chhapra).

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar, Advocate For the Opposite Party :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-06-2022 This application has been filed for modification of order dated 27.10.2021 passed by this Court in Criminal Miscellaneous No. 36185 of 2020.

Learned counsel for the petitioner submits that the anticipatory bail of the petitioner has been rejected on the ground that the prayer for anticipatory bail of co-accused Nanlal Mahto has been rejected by a co-ordinate Bench of this Court but, it could not be pointed out that said Nandlal Mahto is not an accused in connection with Akilpur P.S. Case No. 36 of 2020 rather, he is an accused of Chanpatia P.S. Case No. 148 of 2019. In such view of the matter, the order dated 27.10.2022 passed by this Court in Criminal Miscellaneous No. 36185 of 2020 is hereby recalled and following order is being passed by this Court:-

Patna High Court CR. MISC. No.32954 of 2022(2) dt.29-06-2022 2/2 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s) as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Akilpur P.S. Case No.36 of 2020 registered for the offence punishable under Sections 30-B/34 of the Indian Penal Code. Considering the nature of allegation levelled against the petitioner and also the fact that she is a lady having clean antecedent, let the petitioner, above named, in the event of her arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- XIV, Saran at Chapra, in connection with Akilpur P.S. Case No. 36 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sandeep Kumar, J) pawan/- U T