Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48152 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== 1.

SUNITA DEVI W/o Shivnath Paswan Resident of Village - Bhithhi, P.s.- Pandaul, Distt.- Madhubani.

2.

Neelam Devi W/o Sunil Paswan Resident of Village - Bhithhi, P.s.- Pandaul, Distt.- Madhubani.

3.

Parvati Devi W/o Ranjit Paswan Resident of Village - Bhithhi, P.s.- Pandaul, Distt.- Madhubani.

4.

Poonam Devi W/o Veer Bahadur Paswan Resident of Village - Bhithhi, P.s.- Pandaul, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Binod Kumar No.3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2023 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

Learned counsel for the petitioner seeks permission to withdraw this application as against the petitioner no.1, as she has been arrested by the police during the pendency of the bail application.

Permission is granted.

Accordingly, this application as against petitioner no.1 is dismissed as withdrawn.

Patna High Court CR. MISC. No.48152 of 2022(4) dt.20-02-2023 2/3 Now, this application is being heard with regard to the petitioner nos.2, 3 and 4 only.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 143, 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code and later on added section 302 of the IPC.

It is alleged that all the FIR name accused persons including the petitioners attacked the informant and his family members by means of various weapons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 13.12.2022 passed in Cr. Misc. No.49725 of 2022. Petitioners have no criminal antecedent.

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

Patna High Court CR. MISC. No.48152 of 2022(4) dt.20-02-2023 3/3 Having regard to the facts and circumstances of the case, let the above named petitioner nos.2, 3 and 4 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 connection with Pandaul P.S. Case No.81 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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