Three co-petitioners applied for anticipatory bail in a murder case. The court noted the petitioner number 2 withdrew the application upon arrest. Considering the gravity of alleged charges, the court rejected the prayer for anticipatory bail for the remaining petitioners.
Prayer for anticipatory bail was rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2654 of 2022
Arising Out of PS. Case No.-61 Year-2021 Thana- NAGAR District- Vaishali
======================================================
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vasant Vikas For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 12-07-2022 Learned counsel for the petitioners submits that the petitioner no. 2 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 2.
Permission is granted.
Accordingly, this application is dismissed as
withdrawn with regard to petitioner no. 2.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners.
Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will
Patna High Court CR. MISC. No.2654 of 2022(2) dt.12-07-2022 2/2
place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 1 is sister-in-law (Nanad) of the deceased and petitioner no. 3 is mother-in-law of the deceased and they are living separately from the husband of the deceased since 2016. He submits that the husband of the deceased is already in judicial custody. 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 nature of allegation, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Hajipur Town P.S. Case No. 61 of 2021.
(Anjani Kumar Sharan, J)
devendra/- U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in a case registered under Sections 302/34 IPC pending charge-sheet compilation.
Whether the prosecution evidence warrants refusal of anticipatory bail given the nature of the allegations.
SABITA DEVI @ KAVITA DEVI AND ORS
THE STATE OF BIHAR
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
