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Patna High CourtCR. MISC./79359/2023allowed

Somariya Devi v. The State Of Bihar

2023-12-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79359 of 2023 Arising Out of PS. Case No.-64 Year-2017 Thana- BRAHMPUR District- Buxar ====================================================== Somariya Devi Wife Of Late Lakhendra Chaudhary @ Lakhendra Prasad R/O Village- Noniyapur, P.S.- Krishna Braham, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Petitioner has got no criminal antecedent mentioned in Para 3 of the bail application. He further submits that after investigation the police has filed the final form against the petitioner but the court below differed the final form and took cognizance against the petitioner. He further submits that one co-accused namely Dara Choudhary has been granted anticipatory bail by a co-ordinate Bench of this Court vide order

Patna High Court CR. MISC. No.79359 of 2023(2) dt.13-12-2023 2/2 dated 21.03.2018 passed in Cr. Misc. No. 8508 of 2018.

4. Having regard to the facts and circumstances of the case and also petitioner is a female, let the above named petitioner, be released on bail, in the event of her arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Brahmpur (Krishnabrahm) P.S. Case No. 64 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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