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Patna High CourtCR. MISC./37268/2023allowed

Kamla Devi v. The State Of Bihar

2023-07-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37268 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- FESHAR District- Aurangabad ====================================================== 1.

Kamla Devi Wife of Hariom Paswan Resident of Village- Kajapa Anant Bigha, PS- Raffiganj, District- Aurangabad 2.

Prakash Paswan son of Rameshwar Paswan Resident of Village- Khori Khap, PS- Bandeya, District- Aurangabad 3.

Rameshwar Paswan Son of Late Ram Ratan Paswan Resident of VillageKhori Khap, PS- Bandeya, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh For the Opposite Party/s :

Mr. Yogendra Kumar Mrs. Mukul Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 306/34 of the Indian Penal Code.

3.

Allegedly, the petitioners and other co-accused persons are said to have instigated the deceased in committing suicide. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.37268 of 2023(2) dt.27-07-2023 2/2 general and omnibus in nature and this statement is also supported by the learned counsel for the informant. Petitioners are the in-laws of the deceased and there is no specific overt act against the petitioners. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case as there is general and omnibus allegation against the petitioners, 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 court below where the case is pending/Successor Court in connection with Fesar P.S. Case No.147 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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