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Patna High CourtCR. MISC./58643/2022bail granted

Archana Kumari v. The State Of Bihar

2023-02-01Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58643 of 2022 Arising Out of PS. Case No.-32 Year-2017 Thana- COMPLAINT CASE District- Sheohar ====================================================== 1.

ARCHANA KUMARI D/O KAMESHWAR KUAR Resident of villageDilawarpur, Tola- Khuteriya, P.S.- Kesariya, District- East Champaran, Bihar 2.

PRIYANKA KUMARI S/o Sri Kameshwar Kuar Resident of villageDilawarpur, Tola- Khuteriya, P.S.- Kesariya, District- East Champaran, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHIVANI KUMARI S/o Late Ramchandra Singh Resident of villageBhatha, P.S.- Shyampur Bhatha, District- Sheohar, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-02-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Complaint Case No. 32 of 2017 giving rise to Trial No. 747 of 2017 registered for the offences punishable under Sections 387, 342 read with Section 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.58643 of 2022(4) dt.01-02-2023 2/3 As per the prosecution case, while the complainant was coming from the Lord Shiva temple of the village, Kameshwar Kaur along with five other persons, who were sitting in the red coloured car, got the complainant seated in the car on the point of pistol. Kameshwar Kaur forcibly took the complainant's signature and thumb impression on two stamp papers. It is further alleged that Archana Kumari (petitioner no.

1) snatched her gold earring and Priyanka Kumari (petitioner no. 2) snatched gold locket of Lord Durga from her neck, which was worth Rs. 10,000/-. Thereafter the accused persons got the complainant down from the said car.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Learned counsel further submits that no case is made out against the petitioners. The petitioners are ladies. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be

Patna High Court CR. MISC. No.58643 of 2022(4) dt.01-02-2023 3/3 enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sheohar in connection with Complaint Case No. 32 of 2017 giving rise to Trial No. 747 of 2017, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T