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Patna High CourtCR. MISC./67376/2023allowed

Bijay Sah @ Vijay Kumar Sah v. The State Of Bihar

2023-11-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67376 of 2023 Arising Out of PS. Case No.-402 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== 1.

Bijay Sah @ Vijay Kumar Sah Son Of Radha Raman Shah Resident Of Village - Hospital Road, Ward No.7, Forbesganj, P.S.- Forbesganj, District - Araria 2.

Renu Devi Wife Of Bijay Sah @ Vijay Kumar Sah Resident Of Village - Hospital Road, Ward No.7, Forbesganj, P.S.- Forbesganj, District - Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. After some arguments, learned counsel for the petitioners seek permission to withdraw this application with respect to petitioner no.1, namely, Bijay Sah @ Vijay Kumar Sah.

4. Permission is granted.

5. Accordingly, the instant application is dismissed as withdrawn with respect to petitioner no.1, namely, Bijay Sah @ Vijay Kumar Sah.

6. The petitioner no.2, namely, Renu Devi apprehends her arrest in a case registered for the offences punishable under

Patna High Court CR. MISC. No.67376 of 2023(2) dt.03-11-2023 2/3 Section 341, 323, 324, 307, 447, 448, 379, 504, 506/34 of the Indian Penal Code.

7. The informant alleged that petitioners along with other co-accused abused and assaulted her husband on his had by means of iron rod and also dragged the informant by holding her hair.

8. Learned counsel for the petitioner submits that the petitioner no.2 is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner no.2 is not specific rather general and omnibus in nature. He further submits that there is land dispute between the parties. Both parties are the family members and the petitioner is a lady. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

9. Learned APP for the State opposes prayer for anticipatory bail.

10. Considering the facts and circumstances of the case, let the above named petitioner no.2, namely, Renu Devi, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.67376 of 2023(2) dt.03-11-2023 3/3 satisfaction of the learned Court below where the case is pending/successor Court in connection with Forbisganj P.S. Case No. 402 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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