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Patna High CourtCR. MISC./46833/2021dismissed

Gayatri Devi v. The State Of Bihar

2022-02-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46833 of 2021 Arising Out of PS. Case No.-613 Year-2020 Thana- MASHRAK District- Saran ====================================================== 1.

Gayatri Devi, W/O Krishna Sahani.

2.

Rajanti Devi, W/O Vinod Sahni.

3.

Meena Devi @ Mewa Devi, W/O Ramesh Sahni.

All resident of village-Lakhanpur, P.S- Masrakh, District-Saran. ... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Chandra Shekhar Singh, Advocate For the Opposite Party :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-02-2022 Heard learned counsel for the parties through video conferencing.

Learned counsel for the petitioners 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 Mashrakh P.S. Case No. 613 of 2020 for the offence punishable under Sections 147, 148, 149, 302, 341, 323, 324, 307, 447, 504 & 506 of the Indian Penal Code.

Learned counsel for the petitioners seeks permission to withdraw this bail application on behalf of petitioner no.2, above named, who has been arrested. Accordingly, this bail application is dismissed as

Patna High Court CR. MISC. No.46833 of 2021(2) dt.11-02-2022 2/2 withdrawn as against petitioner no.2, above named. As per the F.I.R., the petitioner nos. 1 and 3 are the active participants in the murder of Bimla Devi and other members of the prosecution side have also been seriously injured.

In view of the law laid down by the Apex Court in the case of Jai Prakash Singh vs. State of Bihar & Anr. reported in (2012) 4 SCC 379, I am not inclined to grant anticipatory bail to the petitioner nos. 1 and 3 as they have actively participated in the crime.

Accordingly, this anticipatory bail application is dismissed.

(Sandeep Kumar, J) pawan/- U T