Archana Devi @ Lavly v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58962 of 2022 Arising Out of PS. Case No.-154 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Archana Devi @ Lavly Wife Of Mithilesh Kumar R/V- Tetariya, P.SUdwantnagar, Dist- Bhojpur 2.

Mithilesh Kumar @ Mithilesh Kumar Singh Son Of Satyendra Singh R/VTetariya, P.S- Udwantnagar, Dist- Bhojpur 3.

Deepak Kumar @ Deepak Kumar Singh Son Of Satyendra Singh R/VTetariya, P.S- Udwantnagar, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366(A) of the Indian Penal Code whereas Section 302 and 201 of the IPC have been added subsequently during investigation. The petitioners are said to have abducted the niece of the informant. It is further alleged that FIR named accused persons have killed the victim.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.58962 of 2022(7) dt.20-02-2023 2/3 the petitioners are innocent, not named in the FIR and have been falsely implicated in this case. He submits that there is no evidence agaisnt the petitioner no. 1. The name of the present petitioners surfaced in this case on the basis of confessional statement of Shobha Devi who is also not named in the FIR. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the petitioners are also involved in the present case.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner no. 1, let the above named petitioner no. 1 in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Udwantnagar P.S. Case No. 154 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

So far as petitioner nos. 2 and 3 is concerned, there

Patna High Court CR. MISC. No.58962 of 2022(7) dt.20-02-2023 3/3 is specific overt act against them, I am not inclined to enlarge the petitioner no. 2 and 3 on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with the aforesaid case.

However, if the petitioner nos. 2 and 3 surrender before the learned court below within a period of six weeks from today and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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