Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53590 of 2024 Arising Out of PS. Case No.-491 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Babita Devi Wife of Ramesh Pahak 2.

Shailendra Kumar Son of Ramesh Pathak Resident of Vill- Silaut, P.S.- Muffasil, District- Samstipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-08-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 307, 348, 341, 323, 325 and 34 of the IPC in connection with Muffasil P.S. Case No.491 of 2022.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent. It is further submitted that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that police after threadbare investigation came to a considered conclusion

Patna High Court CR. MISC. No.53590 of 2024(2) dt.14-08-2024 2/3 that petitioners are innocent, as such submitted final form exonerating them of the allegation, but then the learned Magistrate differing with the police report based on the same investigation took cognizance, as such petitioners apprehend arrest.

4. The learned counsel further submits that one investigating agency after threadbare investigation came to a considered conclusion that petitioners are innocent whether it would be prudent for this Court to send the petitioners to jail based on an order of cognizance which came to be taken based on the same investigation which exonerated the petitionerss.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand ) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 2nd Class, Samastipur in connection with Muffasil P.S. Case No.491 of 2022, subject to the conditions laid down under Section

Patna High Court CR. MISC. No.53590 of 2024(2) dt.14-08-2024 3/3 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T