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Patna High CourtCR. MISC./59777/2022allowed

Vasudeo Chaudhary v. The State Of Bihar

2022-12-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59777 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== 1.

Vasudeo Chaudhary Son Of Lakshmi Chaudhary Resident Of Village- Hardi, P.S.- Kathaiya, District- Muzaffarpur 2.

Sunita Devi Wife Of Vasudeo Chaudhary Resident Of Village- Hardi, P.S.- Kathaiya, District- Muzaffarpur 3.

Navin Jaiswal @ Navin Kumar Son Of Vasudeo Chaudhary Resident Of Village- Hardi, P.S.- Kathaiya, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60917 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== Deepak Kumar Jaiswal @ Deepak Kumar S/O Shri Vasudeo Chaudhary R/O Village- Hardi, P.S.- Kathaiya, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 59777 of 2022) For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Sucheta Yadav (In CRIMINAL MISCELLANEOUS No. 60917 of 2022) For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 436, 498A, 34 of the Indian Penal Code and subsequently Section 304(B) of the Indian Penal Code has been added.

Patna High Court CR. MISC. No.59777 of 2022(2) dt.22-12-2022 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners are the father-in-law, brother-in-law, mother-in-law and husband of the deceased. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is no specific overt act against the petitioners. 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.

Considering the facts that there is no specific overt act against the petitioners of Cr. Misc. No. 59777 of 2022, let the above named petitioners of Cr. Misc. No. 59777 of 2022 in the event of their 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) each 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 Kathaiya P.S. Case No. 162 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.59777 of 2022(2) dt.22-12-2022 3/3 So far as the petitioner of Cr. Misc. No. 60917 of 2022 is concerned, he is husband of the deceased, I am not inclined to enlarge the petitioner of Cr. Misc. No. 60917 of 2022 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case. (Anjani Kumar Sharan, J) devendra/- U T