Allowed
Lakshmina Devi v. The State of Bihar
Patna HCCR. MISC./5029/2022
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COURT OF JUDICATUREAT PATNA…
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5029 of 2022
Arising Out of PS. Case No.-356 Year-2020 Thana- KHAIRA District- Saran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Rajani Kumari For the Opposite Party/s : Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 02-01-2023
A.P.P. for the State.
Petitioners apprehend their arrest in connection with Khaira P.S. Case No.356 of 2020, registered under Sections 363, 366/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners are not named in the F.I.R. He further submits that during course of investigation, the name of the petitioners surfaced in the statement of the victim recorded under Section 164 Cr.P.C. It is also submitted that the petitioners have got no criminal antecedent.
Having considered the above facts and circumstances
Patna High Court CR. MISC. No.5029 of 2022(3) dt.02-01-2023 2/2
of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bonds to the satisfaction of Judicial Magistrate 1st Class, Saran at Chapra in connection with Khaira P.S. Case No.356 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J)
Harish/U T
1 issue framed by the court
Whether the petitioners are eligible for bail under Section 438 Cr.P.C. as they are not named in the FIR yet under investigation.
1 provisions across 1 enactments
Lakshmina Devi
Shivjee Manjhi
The State of Bihar
Arvind Srivastava
As recorded by the court registry
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