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Patna High CourtCR. MISC./9769/2023bail granted

Gayatri Devi v. The State Of Bihar

2023-05-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9769 of 2023 Arising Out of PS. Case No.-56 Year-2021 Thana- DEWARIA District- Muzaffarpur ====================================================== 1.

Gayatri Devi Wife of Umesh Giri R/v- Chand Kewari, P.S.- Deoria, DistrictMuzaffarpur 2.

Usha Devi Wife of Ramadhar Giri R/v- Chand Kewari, P.S.- Deoria, District- Muzaffarpur 3.

Sima Devi Wife of Ram Pravesh Giri R/v- Chand Kewari, P.S.- Deoria, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 379, 341, 323, 504/34 of the Indian Penal Code.

Prosecution case in brief is that on the alleged date and time of occurrence, all the FIR named accused persons including petitioners came at the door of informant and assaulted him. Co-accused Ram Pravesh Giri assaulted the grand-mother of informant with Daab. Petitioner no. 1 is alleged to have taken away cash from the house of informant. Other co-accused snatched ornaments from his possession.

Patna High Court CR. MISC. No.9769 of 2023(2) dt.12-05-2023 2/2 It is submitted that specific allegation of assault is against co-accused Ram Pravesh Giri. So far as petitioners are concerned, there is general and omnibus allegation of assault. Allegation of taking cash from the house of informant is ornamental. Both parties are Gotia and land dispute is pending between them. The present case is counter blast of Deoria PS Case No. 57 of 2021 lodged by petitioner no. 1 against informant and others. Petitioners are ladies and claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class West, Muzaffarpur in connection with Deoaria (Deoria) P.S. Case No. 56 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T