Usha Kumari @ Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59459 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== 1.

USHA KUMARI @ USHA DEVI Wife of Randhir Kumar @ Randhir Bhagat Resident of Village - Bhagwanpur Ratti, Tola - Rampur Rudra, P.S.- Vaishali, District - Vaishali.

2.

Prem Shila Devi Wife of Ramawtar Bhagat Resident of Village - Bhagwanpur Ratti, Tola - Rampur Rudra, P.S.- Vaishali, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-04-2022 Heard Mr. Shyameshwar Kumar Singh, learned Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Vaishali P.S. Case No. 328 of 2020 dated 01.10.2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 427, 504, 506 and 307 of the Indian Penal Code and Section 27 of the Arms Act. Later, Section 302 of the Indian Penal Code was added.

By order dated 21.01.2022, case diary was called for and the petitioners were granted provisional bail. The learned counsel for the informant has, today, informed this Court that the petitioners have been declared

Patna High Court CR. MISC. No.59459 of 2021(4) dt.29-04-2022 2/2 absconders in this case.

Solely for the aforesaid reason, the interim order granted in favour of the petitioners is, hereby, recalled. The prayer for anticipatory bail is rejected. However, if the petitioners surrender before the court below and seek bail, their applications shall be considered on their own merits, all the grounds in their favour shall be taken into account and an order shall be passed in accordance with law without being prejudiced by the fact that the present petition on their behalf has not been entertained.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T