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Patna High CourtCR. MISC./53086/2022dismissed

Rajeshwari Yadav v. The State Of Bihar

2023-02-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53086 of 2022 Arising Out of PS. Case No.-36 Year-2021 Thana- PIPRIYA District- Lakhisarai ====================================================== Rajeshwari Yadav Son of Late Hazari Yadav R/o Village Murwariya (Rahua Tola), P.S. Pipariya, Dist.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Pipariya P.S. Case No.36 of 2021, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Accusation against the petitioner and other co-accused persons is of killing the sister of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that petitioner is the father-in-law of the deceased. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner by submitting that

Patna High Court CR. MISC. No.53086 of 2022(3) dt.27-02-2023 2/2 processes under Sections 82 and 83 Cr.P.C. has been issued against the petitioner.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) S.KUMAR/- U T