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Patna High CourtCR. MISC./8572/2021dismissed

Sheo Kumari Devi v. The State Of Bihar

2022-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8572 of 2021 Arising Out of PS. Case No.-155 Year-2019 Thana- GORIAKOTHI District- Siwan ====================================================== SHEO KUMARI DEVI wife of Shivnath Sah Resident of Village- Sarari Toley Sareyan, P.S.- Goreyakothi, district- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Opposite Party/s :

Mr. Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner apprehends her arrest in Goreakothi P.S. Case No. 155 of 2019 registered for the offences punishable under Section 365 of the Indian Penal Code pending in the Court of learned C.J.M., Siwan.

The allegation against the petitioner is that she ran away with new born child and absconded for almost one year. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.8572 of 2021(3) dt.03-01-2022 2/2 against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent. Learned APP for the State vehemently opposing the bail petition submitted that the allegation levelled against the petitioner is serious in nature, hence she does not deserve anticipatory bail.

Considering the facts and circumstances of case and particularly considering the criminal antecedents, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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