Patna High CourtCR. MISC./71282/2018partly allowed disposal

Puja Kumari And ORS v. The State Of Bihar

2018-12-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71282 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- KHAGARIA District- Khagaria ======================================================

1. Puja Kumari,

2. Arti Kumari, Both Daughter of Suresh Sah,

3. Sumit Sah, Son of Suresh Sah, All resident of VillageBidyadhar, Ward No.6, P.S. and District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Khagaria PS Case No. 73/2018 for the alleged offence under Sections 341, 323, 504, 342, 447, 307 and 326(A)/34 of the Indian Penal Code.

Learned counsel representing the petitioners submits that the petitioners have no criminal antecedent. Considering that petitioner nos. 1 and 2 are unmarried girls and have no criminal antecedent, this application is allowed in favour of petitioner nos. 1 and 2. In the event of arrest or surrender before the concerned court below within a period of one month from today, petitioner nos. 1 and 2 above named are directed to be released on bail on furnishing bail

Patna High Court Cr.Misc. No.71282 of 2018(2) dt.18-12-2018 2/2 bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Khagaria PS Case No. 73 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In so far as petitioner no.3 is concerned, this Court is not inclined to grant him anticipatory bail. Prayer for anticipatory bail on his behalf is rejected. However, rejection of this application for anticipatory bail of petitioner no. 3 will not cause any prejudice. In the event petitioner no.3 above named surrenders before the court below and prays for regular bail, the court below is directed to dispose of the application on the same day without being influenced by rejection of his application for anticipatory bail by this Court.

(Anil Kumar Upadhyay, J) mrl./- U T