Oral order on a petition for anticipatory bail. Application dismissed. Petitioners directed to surrender within six weeks for regular bail consideration without prejudice to the present order.
Application for anticipatory bail rejected; direction to surrender within six weeks for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2409 of 2023
Arising Out of PS. Case No.-367 Year-2022 Thana- CHAPRA MUFFASIL District- Saran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok, Adv. For the Opposite Party/s : Mr.Umanath Mishra, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
Allegedly, the petitioners are agnates of in-laws family of his daughter, committed murder of his daughter Sumitra Devi with Dabiya and thereafter the dead body was hanged.
Learned counsel for the petitioners submits that the petitioners are quite innocent and have been falsely implicated in this case due to previous grudge. The allegations levelled against the petitioners is general and omnibus in nature. The
Patna High Court CR. MISC. No.2409 of 2023(2) dt.09-02-2023 2/2
petitioners have been residing separately from the family of the deceased since long and they have no concern with their family affairs. Petitioners have no criminal antecedent.
Per contra, learned APP for the State vehemently opposing the bail petition submitted that the petitioners are involved in the present case, hence they do not deserve anticipatory bail.
Considering the facts and circumstances of case and nature of the offence, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below will pass order in accordance with law without being prejudiced by this order on the very date of surrender considering the fact that petitioners are ladies.
(Anjani Kumar Sharan, J)
divyanshi/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to petitioners apprehending arrest in a murder case.
Whether to allow petitioners to surrender and seek regular bail.
1 provisions across 1 enactments
Sunita Devi
Babita Devi
State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
