Patna High CourtCR. MISC./52116/2021partly allowed disposal

Dharmraj Prasad v. The State Of Bihar

2022-02-17Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52116 of 2021 Arising Out of PS. Case No.-349 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Dharmraj Prasad, aged about 28 years, Male S/o Manohar Prasad. 2.

Uma Devi, aged about 48 years, Female W/o Manohar Prasad. 3.

Subhash Prasad, aged about 30 years Male S/o Manohar Prasad. 4.

Lalchuni Devi, aged about 30 years, Female W/o Subhash Prasad. All R/o village- Balua Rampurwa, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 17-02-2022 Heard the parties through video conferencing. Learned counsel for the petitioners does not want to press the bail application of petitioners no. 1 and 3 at this stage. Accordingly, the prayer made on behalf of petitioners no. 1 and 3, stands dismissed as not pressed and are restricted to petitioners no. 2 and 4 only.

The petitioners no. 2 and 4 seek bail in anticipation of their arrest in connection with Bairiya P.S. Case No. 349 of 2020 instituted for the offences punishable under Sections 147, 341,323,324,307,379,325,504 and 354 of the Indian Penal Code. Taking into consideration that there is no overt Act

Patna High Court CR. MISC. No.52116 of 2021(2) dt.17-02-2022 2/2 alleged against the petitioners and there are cross cases between the parties, I am inclined to allow the petitioners no. 2 and 4 on bail, in the event of arrest petitioners no. 2 and 4 shall be released on anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Accordingly, the petition on behalf of petitioners no. 1 and 3 are dismissed as not pressed. The petitioners no. 1 and 3 have the liberty to file regular bail application before the Court concerned.

(Sanjeev Prakash Sharma, J) Anand Kr.

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