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Patna High CourtCR. MISC./37933/2022allowed

Sanju Devi v. The State Of Bihar

2022-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37933 of 2022 Arising Out of PS. Case No.-67 Year-2021 Thana- BARIYARPUR District- Munger ====================================================== SANJU DEVI WIFE OF SRI RAJESH SINGH RESIDENT OF VILLAGEBENGALI TOLA, P.S.- BARIYARPUR, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 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 Bariyarpur P.S. Case no. 67 of 2021 instituted for the offence under Sections 25(1-b)a/26(i)(ii)/35 of the Arms Act. Prosecution case relates to recovery of one pistol and seven empty cartridges were recovered from the house of coaccused Rajesh Singh (husband of the petitioner) Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery. Petitioner's husband is also named as an accused in the present case. It is not proper to implicate several family members for a

Patna High Court CR. MISC. No.37933 of 2022(3) dt.15-12-2022 2/2 single offence. At the instance of petitioner's brother-in-law and enmity, the petitioner has been implicated in this case. 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 Bariyarpur P.S. Case no. 67 of 2021, 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 ACJM-II, MUnger subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U