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Patna High CourtCR. APP (SJ)/2357/2019allowed

Jitendra Kumar Singh @ Jitendra Singh v. The State Of Bihar

2022-09-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72357 of 2021 Arising Out of PS. Case No.-354 Year-2019 Thana- BARH District- Patna ====================================================== 1.

BODU PRASAD @ VED PRAKASH @ VEDU S/o Late Ramautar Mahto R/o village- Hargawa, P.S.- Manpur, District- Nalanda 2.

Manti Devi @ Chanchala Devi W/o Bodu Prasad @ Ved Prakash @ Vedu R/o Village- Hargawa, P.S.- Manpur, District- Nalanda ... ... petitioner/s

Versus

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

For the petitioner/s :

Mr. Anil Kumar Singh, Adv For the Opposite Party/s :

Mrs. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehends their arrest in a case registered for the offence punishable under section 304(B)/ 120(B)/ 201 of the Indian Penal Code.

Allegedly, the petitioners along with other co-accused persons killed the daughter of the informant by poisoning her. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.72357 of 2021(3) dt.26-07-2022 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. They were named in the F.I.R. because they are the brother-in-law and sister-in-law of the deceased. Similarly situated co-accused has already been granted bail by a co-ordinate bench of this court vide order dated 07.10.2021 in Cr. Misc. No. 17687 of 2021. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case , 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 Barh P.S. Case No. 354 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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