Dismissed

Anita Devi @ Anita Kumari v. The State Of Bihar

Patna HC11 Sept 2018CR. MISC./53801/2018

Case brief

AI extract

What is this about?

In this criminal miscellaneous matter, the petitioner, facing arrest apprehension in a case involving serious offences including murder under the IPC, sought anticipatory bail. The judge dismissed the prayer, reasoning that being a participant in the incident involving a serious crime precluded bail.

What did the court decide?

The prayer for grant of anticipatory bail was dismissed in the interest of justice.

Anita Devi @ Anita Kumari Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53801 of 2018

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Arising Out of PS. Case No.-35 Year-2018 Thana- KAMTAUL District- Darbhanga

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======================================================

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Anita Devi @ Anita Kumari, W/o – Shankar Kumar Pandey @ ( Fulbabu), R/o – Sirhulli, P.S. - Kamtaul, District – Darbhanga

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... ... Petitioner/s

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Versus

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The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Sri Ajay Thakur, Advocate Sri Nilesh Kumar, Advocate For the Opposite Party/s : Smt. Meena Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR

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ORAL ORDER

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2 11-09-2018

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Heard Sri Ajay Thakur, learned counsel, assisted by

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Sri Nilesh Kumar, learned counsel for the petitioner and Smt. Meena Singh, learned Additional Public Prosecutor.

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The sole petitioner, apprehending her arrest in connection with Kamtaul P.S. Case No. 35 of 2018 , registered for the offence under Section 341, 342, 323, 307, 302/34 of the Indian Penal Code, 1860 ( hereinafter referred to as the “I.P.C.”), has prayed for grant of bail in the event of her arrest or surrender.

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Learned counsel for the petitioner submits that save and except accusation of being member, there is no specific allegation against the petitioner of overt act. It has also been argued that petitioner is a lady and dispute arose between two

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Patna High Court Cr.Misc. No.53801 of 2018(2) dt.11-09-2018 2/2

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pattidars and only she was order giver, and as such, a prayer has been made for grant of anticipatory bail.

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Learned Additional Public Prosecutor has opposed the

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prayer.

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Besides hearing, I have perused the F.I.R. and after going through the same, considering the fact that offence is under Section 302 / 34 of the I.P.C. with other penal provisions of the I.P.C. as well as the fact that petitioner was one of the participants, there is no reason for extending the privilege of anticipatory bail.

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The petition stands dismissed.

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(Rakesh Kumar, J)

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praful/-

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U T

Anita Devi @ Anita Kumari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Anita Devi @ Anita Kumari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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