Nigam Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5207 of 2019 Arising Out of PS. Case No.-503 Year-2017 Thana- AMARPUR District- Banka ======================================================

1. Nigam Devi (F) aged about 40 years, Wife of Madhukar Yadav

2. Sanjo Devi @ Sanju Devi (F) aged about 50 years, Wife of Late Rameshwar Yadav, both R/o village- Pathadda, P.S- Fullidumar, District Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 308, 379/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant and her mother-in-law by means of lathi, fists and slaps, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.5207 of 2019(2) dt.31-01-2019 2/2 present case. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 308 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. case No.503 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T