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Patna High CourtCR. MISC./50521/2022partly allowed disposal

Puja Devi v. The State Of Bihar

2022-12-08Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50521 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== 1.

PUJA DEVI W/o Niraj Yadav R/o village- Bhadas, P.S.- Muffasil, DistrictKhagaria. 2.

Madhu Devi W/o Pintu Yadav R/o village- Bhadas, P.S.- Muffasil, DistrictKhagaria. 3.

Krishna Kumar S/o Dular Yadav R/o village- Pustkalay Toli, P.S.- Alouli, District- Khagaria.

4.

Prema Devi W/o Dular Yadav R/o village- Pustkalay Toli, P.S.- Alouli, District- Khagaria.

5.

Dular Yadav S/o Late Chamru Yadav R/o village- Pustkalay Toli, P.S.- Alouli, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Praveen Kumar Agrawal, Advocate For the State :

Mr. Sanjay Kumar Pandey, APP For the Informant :

Mr. Mrityunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Khagaria (Muffasil) P.S. Case No.91 of 2022, registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as

Patna High Court CR. MISC. No.50521 of 2022(2) dt.08-12-2022 2/3 stated in paragraph-3 of the bail application. Learned counsel for the petitioners fairly submits that the specific allegation is against petitioners no.1 and 2 and co-accused, Sudhanshu Kumar. It is submitted that petitioners no.3, 4 and 5 are family members of co-accused, Sudhanshu Kumar. It is further submitted that no specific allegation is made against petitioners no.3, 4 and 5.

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

Taking into consideration the fact that there is no specific allegation against petitioners no.3, 4 and 5, let petitioners no.3, 4 and 5, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Khagaria (Muffasil) P.S. Case No.91 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

So far as petitioners no.1 and 2, namely, Puja Devi and Madhu Devi are concerned, considering the fact that there is

Patna High Court CR. MISC. No.50521 of 2022(2) dt.08-12-2022 3/3 specific allegation against them, the prayer for anticipatory bail of petitioners no.1 and 2, namely, Puja Devi and Madhu Devi is rejected.

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