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Patna High CourtCR. MISC./66373/2023bail granted

Priyanka Kumari @ Purnima Kumari v. The State Of Bihar

2023-11-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66373 of 2023 Arising Out of PS. Case No.-116 Year-2018 Thana- KAMTAUL District- Darbhanga ====================================================== 1.

Priyanka Kumari @ Purnima Kumari Daughter Of Shivshankar Raut Resident Of Village - Pindaruch, P.S. - Kamtaul, District - Darbhanga 2.

Anita Devi Wife Of Shiv Shankar Raut Resident Of Village - Pindaruch, P.S. - Kamtaul, District - Darbhanga 3.

Ravi Shankar Raut Son Of Laxman Raut Resident Of Village - Pindaruch, P.S. - Kamtaul, District - Darbhanga 4.

Jitendra Raut Son Of Shiv Shankar Raut Resident Of Village - Pindaruch, P.S. - Kamtaul, District - Darbhanga 5.

Shiv Shankar Raut Son Of Laxman Raut Resident Of Village - Pindaruch, P.S. - Kamtaul, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, A.P.P For the Informant/s :

Mr. Govind Mohan Thakur, Advocate Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-11-2023 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.

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

3. The petitioners are apprehending their arrest in connection with Kamtaul P.S. Case No. 116 of 2018 dated 10.05.2018 registered for the offences punishable under

Patna High Court CR. MISC. No.66373 of 2023(2) dt.22-11-2023 2/3 Sections 147, 149, 323, 504, 506, 354, 354B, 379 and 341 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have abused and assaulted the informant and her father-in-law. When the informant's husband went to rescue, he was also assaulted by them. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case on account of property dispute. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner No. 1 and 2 are ladies.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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 learned Court concerned, Darbhanga in connection with Kamtaul P.S. Case

Patna High Court CR. MISC. No.66373 of 2023(2) dt.22-11-2023 3/3 No. 116 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

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