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Patna High CourtCR. MISC./46041/2021bail granted

Laxmi Kumari v. The State Of Bihar

2022-04-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 46041 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- GANGTA District- Munger ====================================================== LAXMI KUMARI Daughter of Late Naresh Yadav Resident of Village Gangta Dariyapur, P.S. - Gangta District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Anuj For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gangta P.S. Case no. 75 of 2020 instituted for the offence under Sections 302, 342, 323, 324, 307, 504, 337, 338/34 of the Indian Penal Code.

It is a case of commission of murder by the accused persons due to which injured, Raj Kumar Yadav succumbed to injury during treatment.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of assault to the deceased is against co-accused Shashikant and Gopal Kumar by means of rod.

Patna High Court CR. MISC. No. 46041 of 2021(3) dt.13-04-2022 2/2 Allegation against the petitioner is of assaulting to Pankaj Kumar and in respect of injury of pankaj Kumar, no injury report is available on record to support the prosecution case. Petitioner has clean antecedent. The matter took place over a land dispute.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Gangta P.S. Case no. 75 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Munger subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U